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shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terrour to be divided and withdrawn from this blessed Vnion and Conjunction whether â—o make deâ—ection to the contrary part or to give our selves to a detestable indifferency or neutrality in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
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
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
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
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
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
that till you express the Particulars of your Desires His Majesty can give no direct Answer therefore His Majesty requires that you set downthe Particulars of your Demands with expedition he having been always willing to hear and redress the Grievances of His People and for the more mature Deliberation of these great Affairs His Majesty hath already given out Summons for the Meeting of the Peers of the Kingdom in the City of York upon the 24th of this Month that so with the advice of the Peers you may receive such Answer to your Petition as shall most tend to His Honour and the Peace and Wellfare of His Dominions And in the mean time if Peace be that you desire as you pretend He expects and by these His Majesty commands that you advance no further with your Army to these parts which is the only means that is left for the present to preserve Peace betwixt the two Nations and to bring these unhappy Differences to a Reconciliation which none is more desirous of than His most Sacred Majesty Signed LANERICK With which he wrote this Cover My Lords ACcording to your Desires I presented unto His Majesty in your names the Petition you sent me whereupon His Majesty hath been Graciously pleased to command me to make this reference which you shall receive herein inclosed joined unto the Petition My Lords by this you may see His Majesty is as he ever was willing to hear and redress the Grievances of His Subjects and I pray God you may take those Courses that may not too much incroach on the Goodness of so Gracious a Soveraign This shall be the earnest Prayer of Your Lordships Servant LANERICK York 5th Sept. 1640. To this they returned the Answer that follows which was sent by Sir Iames Mercer Right Honourable An. 1639. AS nothing in Earth is more desired of us than His Majesties favour so doth nothing delight us more than that His Majesty beginneth again to hearken to our Humble Desires The Covenanters make a second Address wherein we trust nothing shall be found but what may serve for His Majesties Honour and for the Peace of His Dominions The Particulars we would have expressed but that they are contained in the Conclusions of the late Parliament and our Printed Declarations which were sent to your Lordship but in case the Papers be not by your Lordship we now summarily repeat them That His Majesty would be Graciously pleased to command that the last Acts of Parliament may be published in his Highness's Name as our Soveraign Lord with the Estates of Parliament convened by His Majesties Authourity Next That the Castle of Edinburgh and other strengths of the Kingdom of Scotland may according to the first foundation be furnished and used for our Defence and Security Thirdly That our Countrymen in his Majesties Dominions of England and Ireland may be free from Censure for subscribing the Covenant and be no more pressed with Oaths and Subscriptions unwarranted by our Laws and contrary to their National Oath and Covenant approved by His Majesty Fourthly That the Common Incendiaries who have been the Authors of this Combustion in His Majesties Dominions may receive their Iust Censure Fifthly That our Ships and our Goods with all the Damage thereof may be restored Sixthly That the Wrongs Losses and Charges which at this time we have sustained may be repayed Seventhly That the Declarations made against us as Traytors may be recalled and in end by advice and consent of the Estates of England convened in Parliament His Majesty may be pleased to remove the Garisons from the Borders and any Impediment that may stop free Trade and with their advice may condescend to all Particulars which may establish a stable and well-grounded Peace for enjoying of our Religion and Liberties against all fears of molestation and undoing from year to year as our Adversaries shall take the advantage This Royal testimony of His Majesties Iustice and Goodness we would esteem to be doubled upon us were it speedily bestowed and therefore must crave leave to regrate that His Majesties Pleasure concerning the Meeting of the Peers the 24th of this Instant will make the time long ere the Parliament be convened which is conceived to be the only mean of settling both Nations in a firm Peace and which we desire may be seriously represented to His Majesties Royal thoughts the more this time is abridged the more able will we be to obey His Majesties Prohibition of not advancing with our Arms Our Actions and whole comportment since the beginning of these Commotions and especially of late since our coming into England are Real Declarations of our love and desire of Peace nothing but invincible necessity hath brought us from our Country to this Place no other thing shall draw us beyond the limits appointed by His Majesty which we trust His Majesty will consider of and wherein we hope your Lordship will labour to be a profitable Instrument for the Kings Honour the Good of your Country and of Your Lordships humble Servants and affectionate Friends A. Lesly Rothes Cassils Montrose Dumfermline Lindsay Lowdon Napier Tho. Hope W. Rickartoâ—n J. Smith P. Hepbuâ—â— D. Home Keir Ja. Sword Scots-Leager at New-Castle Sept. 8th 1640. An. 1640 On the 24th of September the Peers of England having met the King by their Advice commanded his Secretary to write the following Letter My Lords The King appoints a Treaty ACcording to His Majesties appointment the most part of the Peers of this Kingdom of England met here at York this day where His Majesty did communicate unto them your Desires and Petitions and because you do so earnestly press for a speedy Answer His Majesty with Advice of the Peers hath nominated such a number of them for a Conference with you upon Tuesday at Northallerton whose Names are underwritten But withall if you shall think the time too short and that with conveniency you cannot come so soon thither if betwixt this and Sunday you do acquaint His Majesty therewith he will take Order for the delay thereof for one day or two And that you may without all fear or danger of Detention send such Persons unto the said Conference as you shall think most fit if betwixt this and Sunday you send hither the Names of these you mean to imploy His Majesty will with all possible diligence return a safe conduct under his own Royal Hand for them and their necessary Servants His Majesty hath likewise commanded me to let you know that upon your relieving of such Officers and others of His Subjects as are detained by you he will return all such of yours as are his Prisoners either here or at Berwick and hereafter resolves that fair Quarters should be kept betwixt both Armies Thus having imparted His Majesties Pleasure I continue Your Lordships Servant LANERICK York 24th of September 1640. And now the King was in a great strait what to resolve on Most of all the
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
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
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
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
them and possibly by their desperate Resolutions of their Engaging them in a bloody and unnatural War Those Injuries to Vs and Oppreâ—sions upon them We expect you whom We have with Advice of Our Parliament entrusted with managing the greatest Affairs of that Our Kingdom will particularly resent and therefore We have thought fit to require you immediately after the receipt hereof to publish in Our Name a Proclamation to all Our loving Subjects of that Our Native Kingdom prohibiting them under all highest pains to give Obedience to any Act or Ordinance of that pretended Convention or of any Committee pretending a Power or Authority from them but to oppose by Armes or otherways all such Persons as shall endeavour to put in execution any Acts of theirs but such as We expressed in Our Letter We mentioned of the tenth of June which was so much slighted as it was refused to be Recorded for the Raising of Forces or Recalling Our Scotish Army in Ireland or any part thereof without Our Knowledge and Consent and We do likewise require that no Taxes imposed upon Our Subjects by that pretended Authority be paid assuring all Our Loving Subjects of Our Protection in the Obedience of these Our Commands for which these shall be your Warrant which We require you to Record Given at Our Court at Oxford the 26th of September in the 19th Year of Our Reign 1643. With these His Majesty wrote to my Lord Lanerick CHARLES R. RIght Trusty and Right well-beloved Cousin and Councellour The Kings Letter to Lanerick We Greet you well We have sent to Our Privy-Council of Scotland Our Letters of Direction what they shall do now that the General Meeting there hath proceeded to such strange and undutiful Resolutions beyond the Matter We prefixed them to treat upon by Our former Letter Of those Our Letters We have sent you an exact Copy and particular Directions to your self what you shall do in order thereunto when you shall think fit for Our Service to make use of the same But We leave it now to your Discretion and the Iudgment of the rest whom We have entrusted with the Affairs of that Our Kingdom to deliver these Our Letters to Our said Privy-Council at that time and no sooner than you shall conceive to be most conducible to Our Service and the Good of that Kingdom for if you shall find that no Obedience is likely to be given to those Our Commands you are to consider how far you who are Our faithful Servants there will be able to withstand those Insolences which of necessity must follow upon such Disobedience and what the Consequence will be to anger before We be able to punish such Offenders But Our Will is that you forthwith publish the other anent the Proclamation Precept or Warrant falsly published in Our Name and We further require you to do whatsoever else you with the rest whom We have trusted with the Affairs of that Our Kingdom shall conceive most to conduce to Our Service as you will answer to Vs at your peril and for so doing this shall be a sufficient Warrant to you and those others entrusted by Vs as aforesaid Given at Our Court at Oxford 26th of September 1643. The Lords whom His Majesty trusted judged it not fitting to present the Letter written to the Council and suppressed it But His Majesty wrote another Letter to the Council about the Proclamation which was issued forth in his Name by the Convention of Estates which follows CHARLES R. The Kings Letter about the Proclamation to the Council RIght Trusty and Right well-beloved Cousin and Councellours and Trusty and well-beloved Councellours We greet you well Whereas We were graciously pleased to condescend that this present Meeting in Our Kingdom of Scotland of Our Nobility there and the Commissioners for Shires and Burroughs should resolve and conclude of such particular Affairs as We specified and allowed to them for the Security and Good of that Our Kingdom in Our late Letters to them dated the 10th of June last and for as much as we have to Our great amazement newly seen a Paper in form of a Proclamation Precept or Warrant in Our Royal Name dated at Edinburgh the 18th of August subscribed Per Actum Dominorum Conventionis Arch. Primrose Cler. Conven Being a Paper most impudently set forth without Our Privity or any Authority from Vs and tending to cast Our beloved People of that Our Native Kingdom into the like and more bloody Combustions and Rebellions Violation of their Religion and Allegeance to Vs and Laws of that Our hitherto peaceful Native Kingdom as hath been here practised by the malicious enemies of Peace and Government We have therefore upon good Deliberation and out of Our Princely and Gracious Care of Our People and of the Tranquility of that Our Native Kingdom as it was so lately and well setled by Our Self thought fit to Declare and we do hereby Declare unto you that We utterly dislike and disallow it forbidding all Our Subjects to obey the same and all other Papers published in Our Name which shall not immediately be warranted by Vs and We do hereby will and command you forthwith openly to publish these Our Letters to let all Our People understand Our Pleasure herein And lastly Our Pleasure and Command is that you cause these Our Letters to be forthwith recorded in the Books of Our Privy Council of that Our Native Kingdom for all which these Our said Letters shall be your sufficient Warrants Given at our Court at Oxford the 26th day of September in the 19th Year of Our Reign 1643. He wrote also to the same purpose to the Earl of Lanerick CHARLES R. His Majesties Letter to Lanerick to the same purpose RIght Trusty and Right well-beloved Cousins and Councellour We Greet you well Whereas We have thought fit for the Good of Our Service and Safety of Our People to require Our Council to publish a Proclamation in Our Name to all Our loving Subjects in Scotland discharging them to give Obedience to any Act or Ordinance of the Pretended Convention of the Estates at Edinburgh the 22d of June or of any Commitee pretending Authority from them but to oppose with Arms or otherways all such Persons as shall endeavour to put in execution any Act of theirs but if Our Privy Council shall not give present Obedience to Our Commands and publish this Our Pleasure these are to require you to take what Course you shall think most fit to make this Known to all Our loving Subjects either by giving Warrant in Our Name to Print Our Letter to Our Council or by sending attested Copies thereof to all the Nobility Sheriffs of Counties and Majors of Towns within Our Kingdom of Scotland a Duplicate whereof you will herewith receive under Our Own Royal Hand and We further require you to do whatsoever else you with the rest whom We have trusted with the Affairs of that Our Kingdom shall conceive
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
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
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
to give a full and particular Answer to every Branch of them But the more He considers the nature of them together with the high Importance and variety contained therein not without some ambiguity as well in the several Propositions as also in comparing the one with the other so much the more He finds it necessary to desire the help of Explanation Debate and Conference concerning some of them as he touched in His Paper whereby His Vnderstanding may be informed in those things which as yet are not clear to Him His Reason may be more fully convinced and His Conscience so satisfied that without offence to either of them He may make such a particular distinct Answer as may best attain His Desires of satisfying them and though for the present His Majesty at this distance from His Two Houses wants the view of many necessary Papers and other Assistances yet at what disadvantage soever He will apply Himself to give all the satisfaction that is in His power desiring He may not be mis-interpreted in any thing He shall say or omit His Majesties Answer to the first Proposition is That upon His Majesties coming to London He will heartily joyn in all that shall concern the Honour of His two Kingdoms or the Assembly of Estates of Scotland or of the Commissioners or Deputies of either of them and particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same tenderness will look upon those things which concern His Majesties Honour Concerning all the Propositions touching Religion His Majesty says that He has often and solemnly professed His Opinion concerning Episcopacy to which He refers Himself yet considering the present Distractions about Religion which are so great and of that nature that Perswasion as well as Power must be used to restore that happy Tranquillity which the Church of England hath lately and miserably lost for certainly Violence and Persecution never was nor will be found a right way to settle mens Consciences His Majesty proposes that He will confirm the Presbyterian Government for Three Years being the time set down by the Two Houses that is to say that during the said time the Church be governed by Classical and Congregational Elderships National and Provincial Assemblies with their respective Subordinations with such Forbearance to those who through scruple of Conscience cannot in every thing practise according to the said Rules as may consist with the Rule of the Word of God and the Peace of the Kingdom and that the Office of Ruling-Elders the Power of Elderships to suspend from the Sacrament of the Lords Supper ignorant and scandalous Persons be all settled by Act of Parliament for the aforesaid Term as also that the Directory be by the same way authorized for the same time so that His Majesty and His Houshold be not hindred from using that Form of Gods Service which they have formerly done and also that in the mean time and with all convenient speed a Committee be chosen of Both Houses to have a free Consultation and Debate with the Assembly â—f Divines being also willing the said Assembly shall be authorized to sit for the space of the said Three Years twenty more being added of His Majesties Nomination how the Church shall be settled and governed at the end of Three Years or sooner if Differences may be agreed Also it is to be understood that those Committees shall have no Power but of hearing debating and reporting the better to prepare all these Differences for the Determination of His Majesty and the Two Houses To the Seventh and Eighth Propositions His Majesty will consent To the Ninth Proposition His Majesty doubts not but to give good satisfaction when He shall be particularly informed how the said Penalties shall be levyed and disposed To the Tenth His Majesties Answer is That He is and hath been always willing to prevent the Practices of Papists and therefore is content to pass an Act of Parliament for that purpose as also that the Laws against them may be duely executed His Majesty will give His consent to the Act for the strict Observance of the Lords Day for the suppressing of Innovations and those concerning the Preaching of Gods Word and touching Non-residencies and Pluralities And His Majesty will be willing to pass such an Act or Acts as shall be requisite to raise Moneys for the payment and satisfaction of all Publick and past Debts expecting that His also will be therein included As to the Proposition concerning the Militia though His Majesty cannot consent to it in terminis as it is proposed because thereby as He conceives He wholly devests Himself of the Power of the Sword intrusted to Him by God and the Laws of the Land for the Protection and Government of His People and placeth the same in effect for ever in the Two Houses of Parliament thereby at once disinheriting His Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weakening Monarchy in this Kingdom that little more than the Name and Shadow of it will remain yet if it be only Security for the preservation of the Peace of this Kingdom after these unhappy Troubles and the due performance of all the Agreements that now are to be concluded which is desired which His Majesty always understood to be the case and hopes that â—erein He is not mistaken His Majesty will give abundant Satisfaction to which end He will consent by Act of Parliament That the whole Power of the Militia both by Sea and Land be in the Two Houses for the space of Ten Years and afterwards to return to its proper channel again as it was in the time of Queen Elizabeth and King James of blessed Memory And now His Majesty conjures His Two Houses of Parliament as they are English-men Christians and Lovers of Peace by the Duty which they owe to Him their King and by the bowels of Compassion which they have to their Fellow-Subjects that they will accept of these His Majesties Ofâ—ers whereby the joyful News of Peace may be again restored to this languishing Kingdom His Majesty will grant the same to the Kingdom of Scotland if it be desired touching the conservation of the Peace betwixt His two Kingdoms Touching Ireland His Majesty will give full satisfaction as to the managing of War and for Religion as in England Touching the mutual Declaration proposed to be established in both Kingdoms by Act of Parliament and the Qualifications Mollifications and Branches which follow in the Propositions His Majesty truly professes that He does not sufficiently understand divers things contained therein but this He sufficiently knows that a General Act of Oblivion is the best Bond of Peace and that after intestine Troubles the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons with none or very few Exceptions whereby the numerous Discontentments of
over-â—wed both Parliament and City they began to levy new Forces but assoon as they withdrew from London the Citizens of London came in great numbers to Westminster and petitioned to have their Militia settled again according to their former Votes which being granted the Parliament next day was at liberty and the Secluded Members returned About the end of Iuly the Earl of Lauderdale going to wait on His Majesty who was then at Wooburn was not only hindred access but by the Violence of the Souldiers carried away and say or complain what he would of the Violation of the Treaty with Scotland and the Law of Nations by that Affront put upon a Publick Minister of another Kingdom he could not prevail but was forced to be gone After this the King was Voted to come to London But the Army instead of Obedience came thither again and by the interposition of some treacherous People got the City surrendred to them whereupon they marched through it in Triumph with Lawrels in their Hats and came to Westminster bringing with them the two Speakers and some other Members of their Party who had run away from the Parliament pretending Fear though no appearance of it had been in the Proceedings of the Parliament Fairfax was declared Captain-General of all England Constable of the Tower of London and Commander of all the Garisons and then they fell to the Purging of the House And besides the forcing the eleven Members to flee seven of the Lords were also impeached and all Orders that past in the absence of the Speakers were repealed yet this was not carried but upon a fortnights Debate Divers of the City of London with the Mayor and some Aldermen were likewise charged and imprisoned and all this was upon a general Accusation of their designs to raise a new War Those in Scotland being advertised by their Commissioners of all that passed failed not to make good use of it This is resented in Scotland to stir up the Affection and Duty of all to appear for His Majesty which prevailed generally and even the Ministers begun both from their Pulpits and by their Remonstrances to complain of the Prevailings of the Sectarian Party and of the Force that was put on the Kings Person But the old language of the Covenant and Presbytery was still in their mouths yet all were pretty forward for a real Resentment of the late Disorders in England Only Mr. George Gillespie who was indeed of good parts but bold beyond all measure withstood these Inclinations and represented that the greatest Danger to Religion was to be feared from the King and the Malignant Party He was suspected of correspondence with the Sectaries which some Letters in my hand written in Cypher give good grounds to believe Certain it is that he proved a very ill instrument and marred that great Design by which all former Errors might have been corrected Thus as the Duke and his Friends designs began to appear there was a violent Party no less careful to withstand them Therefore it was not judged fitting the Duke should leave Scotland his Service in it being greater than any he could do in England besides his being a Peer in England made him more obnoxious to their fury than any other Scotchman could be But His Majesties Concessions about Religion pinched them much and the Liberty offered to Tender Consciences did very much disgust the Scotish Clergy for in Scotland a Toleration was little less odious than Episcopacy and nothing but Presbytery would satisfie them In the end of August they sent Mr. Lesley to His Majesty to represent the State of Affairs in Scotland according to the following Instructions The Duke sends a Message to the King YOu shall shew what Endeavours have been used to incense this Kingdom against the Proceedings of the Army under the Command of Sir Thomas Fairfax witness George Windram 's Relation the Declaration of the General Assembly and the Voice of the daily cryes from the Pulpit You shall represent what Industry was used to precipitate a present Engagement upon the grounds of the Covenant and for Settling Presbyterial Government in England who were the pressers and who were the opposers of it You shall shew what Pains were taken by the moderate Party here to procure the sending of Commissioners to His Majesty and the Parliament thereby to procrastinate and delay all Resolutions till their return or a report from them which will probably consume the rest of this Summer and for this Year prevent a new War except upon eminent advantage You are therefore to represent how necessary it is for preventing Prejudices from hence that a free Passage and all other Encouragements be given to those who are now to be employed if that shall be refused or the Law of Nations in their Persons violated a Breach betwixt the Kingdoms cannot be longer prevented You shall shew that if it had not been for His Majesties Commands to the Moderate Party here a Scotish Army had e're this time been in England which so long as His Majesty is well used they are hopeful to prevent but if His re-establishing be delayed a greater Army than ever Scotland raised will own His Quarrel You shall shew that the Instructions now given to our Commissioners who Treat with the Parliament are only Generals the chief whereof is That His Majesty be again invited to come to London with Honour Freedom and Safety the delay whereof is exceedingly ill taken here and nothing would give so general satisfaction to this Kingdom nor more stop the mouths of Incendiaries than that His Majesty were so at London You shall shew that the Message that was to be sent to His Majesty was only to represent to Him the constant Affection of this Kingdom their longings to see Him re-established in His Throne their Resolutions never to withdraw themselves from under His Government and their Desires to know immediately from Himself in what Condition He is since the Safety of this Kingdom so much depends upon the Safety of His Person You shall shew that the Disorders in the High-lands are now composed and our Army is to be scattered in several quarters through the whole Shires of the Kingdom With these Instructions My Lord Lanerick wrote what follows to His Majesty Sir SInce eminent Advantages for Your Majesties Service could not at this time be procured but at the old rate of satisfaction in Religion and the Covenant our Study hath been to prevent Prejudices and Disservices wherein our endeavours have not proved unsuccessful though â—ven in that we met with extraordinary Opposition The Particulars will be shewed to Your Majesty by the Bearer with the humble sense and advice upon the whole as it now stands in relation to this Kingdom of Your Majesties most humble most faithful most loyal and most obedient Subject and Servant LANERICK Edinburgh 23th August 1647. To which His Majesty answered Lanerick I Very much like and approve of Robin
to depend upon His Settlement on his Throne they fell upon their Treaty with the Parliament But the Army was beginning to take off their Mask and change their Stile for having now seated themselves in the Power they begun to contrive how to execute what they had always designed which was the Ruin of the King and the Subversion of Monarchy And a new Party among them called the Levellers did avowedly own Principles contrary to all Order and Government so that there was great ground to apprehend Danger to the Kings Person My Lords of Lowdon Lauderdale and Lanerick represented to the King that if He would give satisfaction in the point of Religion he was Master of Scotland on what terms as to other things He would demand but without that they feared their Design of serving Him should meet with great Opposition yet they resolved once to rescue Him out of the hands of the Army or to perish in the Attempt and offered to rescue Him from the Army A little after this His Majesty being to hunt at Nonsuch the Earls of Lauderdale and Lanerick came thither on pretence of waiting on His Majesty accompanied with 50 Horse which struck no small terrour in the little Guard that was about the King whereupon these Lords told His Majesty that they were come to rescue Him from His Captivity and they with all these they brought with them were resolved to die at His feet wherefore they intreated Him to make His Escape But the King told them He had engaged His Honour not to leave the Army without giving them Advertisement and till He freed Himself of that He would die rather than break His Faith But the Leading men of the Army were now weary of the Kings being with them and wished to have Him in some secure Place under a good Guard whereupon they made reports be brought to Him that the Levellers were designing against His Life The King therefore called again the Earls of Lauderdale and Lanerick to Him some days before His Escape and told them He had freed Himself of the Engagement He had given not to leave the Army The King advises with Lauderdale and Lanerick what to do He therefore desired their Advice what to do The Earl of Lauderdale said things being driven to such extremities it was not safe to give Advice but would His Majesty suggest any thing he would with all candour deliver his Opinion about it The King first spoke of His Going to Scotland the Earl of Lauderdale said that except He resolved to comply with their Desires about Religion He might expect no better Usage from the Church-party there than He had met with at Newcastle Next the King moved His Going to London the Earl of Lauderdale answered that formerly that had been a safe Course but now the City was so over-awed by the Army that he durst not advise His trusting His Person to them for the Tumults there were already great and would undoubtedly grow upon His coming The King asked if He came was He sure of the Scotish Commissioners that they would stick to Him in Name of the Scotish Nation the Earl of Lauderdale answered that all of them to a man should wait on Him and own His Service at all hazards but without Instructions from Scotland they could do nothing as Commissioners but only in their own Names as His Subjects and they had great reason to fear the Church-party in Scotland would not own Him nor order them to do it Next the King spoke of His going to Berwick whereupon the Earl of Lanerick who till then had stood silent begged of His Majesty that for Gods sake he would follow that Motion for if He left England the Army would pretend He was deserting His Kingdom and so depose Him but Berwick was a strong Place which at that time lay ungarrisoned the Country about it was generally well-affected and so He might easily get a good Garrison to go in with Him and by that means he was near Scotland for the encouragement of those who resolved to serve Him This was also backed by Lauderdale and the King seemed fully resolved on it so they left Him of this the Author had his Information from the Earl of Lauderdale A few days after this His Majesty went to the Isle of Wight The King goes to the Isle of Wight and on the 16th of November sent a Message to the Parliament which is Printed with the rest of the Messages declaring the reason of His Going to that Place and inviting them to a Treaty As for Religion he insisted on His Judgment about Episcopacy as a Government settled by the Apostles but was content it should be limited so that the â—ishops should act nothing in Ecclesiastical matters without their Presbyters whereby they should be no burden to Tender Consciences and that they should be obliged to reside and labour and preach in their Diocesses Besides He continued His Offer for the Settlement of Presbytery for Three Years till things were freely debated and considered adding a Liberty to all Tender Consciences except Popish Recusants As for the Militia He offered to yield it up to the Parliament during His whole Reign and in other Particulars insisted on His former Concessions and some days after that he wrote what follows to my Lord Lanerick Lanerick AS My coming hither will be variously scanned so I believe that My Message to the Two Houses will have divers Interpretations for neither of which I mean to make any Apology and wrâ—tes from thence to Lanerick for honest Actions at last will best interpret themselves only I must observe to you that what I have sent to London the end of it is to procure a Personal Treaty for which if I have striven to please all Interests with all possible equality without wronging My Conscience I hope no reasonable man will blame Me. Nor am I so unreasonable as to imagine that this My Message can totally content My Own Party but for the end of it a Personal Treaty I hope that all the reasonable men on all sides will concur with Me as I expect your Scotish Commissioners should do though I know you must dislike many Passages in it And yet I must tell you that in substance it differs very little from My Message of the 22th of May. This I thought necessary to write to you that you might assure your fellow-Commissioners that change of Place hath not altered My Mind from what it was when you last saw Me. So I rest Your most assured constant Friend CHARLES R. Carisbrook 19th November 1647. POSTSCRIPT This is a safe Messenger wherefore you or any other of My Friends may write to Me by him desiring much to hear from you To this Letter the three Commissioners from Scotland wrote joyntly this Answer May it please Your Majesty The Scotish Commissioners write to the King YOur Message left behind You at Hampton-Court gave great hopes that Your Majesty was
no Conjunction so it did not appear that they were his Letters only Peters asserted they were like his hand Then a Vote of the Two Houses was read repealing a former Vote of setting an hundred thousand pounds Sterling upon him for Ransome and proof was brought that notwithstanding Articles were given yet some had been forced to take the Negative Oath and thereby they studied to evince that the Parliament did not hold themselves bound to stand to Articles After this his Grace resumed the substance of all those Evidences and shewed that it was not proved he was a post-natus nor that he joyned with Sir Marmaduke Langdale who neither received Orders nor the Word from him but marched and quartered apart and that though he had done otherwise it could not be criminal in him since he had no Orders to the contrary from the Parliament of Scotland but was commanded by them to joyn with all who would concur with him for prosecuting the ends of the Engagement of which Sir Marmaduke approving he had no reason to refuse Concurrence with him neither could this be made Treason by the Law of England of all which it seemed the Parliament was once well-satisfied since by a Vote they had fined him in an hundred thousand pound Sterling as the price of his Liberty by which it appeared they look'd not on him as a Traytor but as an Enemy who had Life granted him by Articles Upon this the Court adjourned till Thursday the 22d and his Counsel were appointed to plead and he was to close his Evidence The Duke was brought to the Bar The eiâ—ht Appearance and by divers Witnesses it was proved that there was no Rendition made to the Lord Gray but a plain Refusal and that the Treaty was ended the Articles signed and Lambert come up before the Lord Gray came thither There was also produced an Order of Parliament made four years before that No Quarters should be given to any of the Irisâ— in Arms which inferred that others might have them and another Order was read of the 14th Iuly last declaring all the Scoâ—s who entred England Enemies and all the English and Irish who assisted them Trâ—ytors and with this he closed his Evidence and since he was not to be suffered to speak any more he enlarged on all the parts of his Plea and spake at length as follows That he was sent by the Kingdom of Scotland which was a free Kingdom The Duke pleads largely for himself and independent on England That he having had his Birth Honour and Fortune there was bound to give obedience to their Orders That for himself he had lived much out of business and was seldom in Publick Trust in that Kingdom nor very desirous of any but that being commanded to undertake the Charge of General for ends which he conceived lawful and no way contrary to the Peace or Interest of England he was obliged to follow their Orders and that by some Papers emitted by the Parliament of England against that Expedition they declared they looked on it as a National Breach whereby Scotland had violated their Leagues and Treaties with them so that it was no private Act of his That the entring of the Scotish Army into England Anno 1640 was accounted no Invasion nor Treason but on the contrary was acceptable to this Kingdom which gave a Brotherly Assistance for it and that the late unfortunate Army was designed fully for as good Ends and would have been so looked on had it prospered And for his joyning with Sir Marmaduke Langdale he answered it as was before set down Therefore he being taken Prisoner in such a War he conceived it without a Precedent that he should be Tried for his Life for serving his Native Kingdom in an open War As for his being an Alien he referred that to his Counsel but said it was undeniable he was born in Scotland nor was he proved a post-natus he was also born before his Father's Naturalization and so not included in it and his own Naturalization had been in agitation in the beginning of this Parliament That his sitting in Parliament did not conclude him an English Earl for if questioned he might probably have been expelled out of the House of Peers as his Countryman Mr. Walter Stuart was out of the House of Commons and that his being an Earl did not naturalize him that being the King 's single Act where as Naturalization was only by Act of Parliament As for the Articles it was clear that Lambert being a General Officer commissionated by Parliament was impowered to Capitulate both by the Parliament and by Cromwel the L. Gray having no Authority from the Parliament but only from Cromwel's Letter that he became the Lord Gray's Prisoner only by Lambert's Order and that he made no Surrender till the Articles were signed and delivered that though the Lord Gray had protested against it and yet only an intention to do it was proved he was not concerned in it nor bound to take notice of it Lambert being the Parliaments Officer and sent against him by them That Articles were to be expounded by their plain meaning and not by any mental reserves pretended by the Commissioners That by the first Article he was a Prisoner of War and that it was seldom known that the Life of any such was taken and that by the second Article Life and Safety of Person were expresly secured without any exception That if Articles were now violated it would make the sequel of the Wars if any more followed a down-right Butchery since none would any more trust to a Capitulation which Mischief he prayed God to avert That his Escape out of Prison was no Breach he being only bound by the Articles to deliver himself Prisoner which he did but not to continue so and he concluded that he was confident had he no better Plea his Articles were sufficient according to the Laws of all Nations to preserve his Life Then the President asked him if he had any thing to say as he was Earl of Cambridge whereupon he and his Counsel moved that if what he had said and proved was not satisfactory for the Averment of his Plea he might answer the Charge exhibited which he had not yet done But to this neither the Court nor their Counsel would yield though they gave no reason for it save only that it implyed a desire of Delay but the reason as was said was that they knew had they yielded to that the Charge had been overthrown since the Law of England does not admit that to be Treason which they charged on him that he had assisted the King against the Kingdom and People by levying War Then the Court told his Counsel that Saturday was the longest time they allowed them for performing their part but the Counsel answered that it was impossible for them to undertake it and discharge their Consciences to their Client having so short a time allowed them there
while you are on Earth and thereafter Crown you with eternal Happiness Time will permit me to say no more so the Lord bless guide and preserve you which is the Prayer of Your most loving Father HAMILTON St. James's 9th March 1649. Let this remember me to my dear Sisters Brothers and other Friends for it is all I write He did also apprehend that they might either be hindred to speak their Consciences freely on the Scaffold or that the noise and disorder there might make him be ill-heard or perhaps occasion disorder from the Souldiers which might provoke Passion or Discomposure and therefore delivered the following Speech before all in the Room which his Brother published from the Original he sent him I Know you that are here to be true and faithful to me I will therefore in your hearing say somewhat in order to my self His Speech before his Death and to my present Condition and give you also this Copy of it which after I am gone may perhaps be thought necessary to be published as the last Testimony of my Loyalty to my King for whom I now die and of my Affection to my Country for the pursuance of whose pious and loyal Commands I am now to suffer That my Religion hath always been and still is Orthodox I am confident no man doubts I shall not therefore need to say much to that particular only that I am of the true Reformed Protestant Religion as it is professed in the Church of Scotland I take God to witness that I have been constantly a loyal and faithful Subject and Servant to his late Majesty in spight of all Malice and Calumny I have had the honour since my Child-hood to attend and be near him till now of late and during all that time I observed in him as eminent Virtues and as little Vice as in any man I ever knew and I dare say he never harboured thought of countenancing Popery in any of his Dominions otherwise than was allowed by the Laws of England and that among all his Subjects there could not be found a better Protestant than himself and surely also he was free from having any intent to exercise any Tyranny or Absolute Power over his Subjects and that he hath been so unfortunate I rather impute the Cause of it to the sins of his People than to his own For my own part I do protest never to have swerved from that true Allegeance which was due to him and that hath constantly been payed to my Comfort I speak it to his Progenitors by my Ancestors for many Ages without spot or dishonour and I hope shall be still by my Successors to his Posterity I do heartily wish well to and pray for his Royal Issue and shall die a true and loyal Subject to his eldest Son Charles the Second the unquestionable King by right of all his Father's Kingdoms I hope though I do not live to see it that God's Justice and Goodness will in his own time establish him on the Throne of his Father which I doubt not some of you will see come to pass and I am confident till then and so long as men deeply plung'd in Guilt and Self-interest usurp Power and Government these Kingdoms will fall short either of Peace or any other permanent Happiness I speak this from my just Affection to the Royal Race and much Compassion to his Majesties Subjects but not from any Malice Anger or desire of Revenge against any for what I have or am to suffer for I forgive all men It is well known what Calumnies and Aspersions have been thrown upon me by men of several Parties and Interests not excepting those who would seem to carry much Affection to his late Majesty as if I had expressed Disservice or Disloyalty unto him the which how malicious and groundless they were I appeal to God who with my own Conscience clearly beareth witness of my Innocency therein and I shall beg Mercy from him to whom I am now to give an account of all my Thoughts and Actions as I have still had a faithful and loyal Heart to my Master It hath been a General Complaint that I perswaded His Majesty to pass the Act of continuing this Parliament I dispute not whether the doing of it at that time might have been reputed good or bad but surely it was not I that did perswade it Neither did I at all deal with His Majesty for his Consent to the Bill of Attainder for taking away the Life of the Earl of Strafford whose great Parts and Affection 't is known I highly valued yet some have been pleased to attribute to me the cause of that Concession but were His Majesty now living I am confident he would publickly clear me in both these as He hath been pleased many times in private formerly to do And truly I am not conscious to my self though I have been for many years a Privy-Councellour to him of ever giving him any Advice that tended to other ends as I conceived than the Good and Peace of His Majesty and His Dominions It hath been rumoured since my last Imprisonment that I should confess my self to be the greatest Instrument under His Majesty by making use of his Scotish Great Seal for authorizing the War in Ireland a Report so false and simple as in my opinion judicious and honest men will not believe it And truly as I am free from having hand therein in any manner of way so I am of nothing more confident than that His Majesty was also absolutely free thereof and that he was not in any case a Causer or Countenancer of those Irish Troubles I have been often examined touching Persons of several qualities within this Kingdom that as is supposed did invite into England the late Army from Scotland or promised Assistance after their coming and of late much Perswasion hath been used with me to that purpose as that upon my Discovery thereof depended the only means of my Preservation I will not say that I had any thing to reveal which would have been satisfactory but this I desire you to attest to the World that I have not accused or said any thing that may reflect on any man of what degree soever within the Kings Dominions and indeed it was so contrary to my Conscience and so derogatory to my Honour that if I had been able yet should I never have prejudiced any in that nature though it had been to save me a hundred Lives Touching that foul and senseless Slander that I betray'd the Army under my Conduct the care and pains I then took to prevent the loss of it and the near approach of my suffering for it will I suppose abundantly contradict this Aspersion I was satisfied with the Justness and Necessity of that Engagement upon the grounds of the Declaration of the Parliament of Scotland fearing then the sad Confusions which have since followed here both in Church and State and particularly the fatal Fall of
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
is here said of these matters shall be It is well known that in Scotland the first Reformation from the corruptions of Popery was Popular without the concurrence or allowance of Supreme Authority though the Nobility for the most part joyned in it and the Preachers being the chief actors and prosecutors of it came to have great power over the People and interest with the Nobility The Ministers were popular and factious It continued thus during King Iames his Minority but no sooner came he to assume the Government and to consider the state of the Kingdom than he found the power the Ministers had with the People was swelled to such insolence that it was more than necessary to limit it to its just bounds for nothing passed in the Court or Council but their Pulpits did ring with it and no favour was shewed to any that were Popishly affected but Jealousies were infused into the minds of the People as if Religion had been in hazard and the People being then in their first fervours against Popery were apt to take those Alarms pretty hot neither did the King cherish any who was not devoted to them but they did represent him a Favourer of Popery They also held Opinions which savoured too much of that Church which was so odious to them concerning the power of their Assemblies and their not being accountable for what they preached how Treasonable soever till it were first judged by the Church-Judicatory where all such things were sure of a mild Censure to say no worse divers other Tenets they held which were judged inconsistent with good Government But many of them being popular Preachers and of insinuative tempers they were much depended upon by the People who looked on all their Excesses as holy zeal King Iames bent all his thoughts to the regulating of this King Iames brought in Episcopacy and judging that the onely course to effectuate it was to have some few of greater temper and discretion to be set over the rest he studied by all means to get Episcopacy introduced in Scotland promising himself by that means an infallible remedy of all these Evils of which he was extremely sensible though his great Gentleness made him very slow in punishing them but they foreseeing well the Kings Intentions and the effects they might produce did as cautiously resist all his attempts that way though not without great and long opposition I shall not tell what endeavours that wise and peaceable King used for compassing of his designs nor with what hindrances they were obstructed but no sooner was he happily settled on the Throne of England but he went more roundly to work and yet it was not without opposition that he got Episcopacy settled and ratified in Parliament Anno 1612. But though great art was used to get Assemblies framed to the Kings designs he could never compass it Episcopacy being settled King Iames also erected a High Commission Court for punishing such as offended against that Constitution of the Church This Court was made up of Bishops and other Noblemen and Gentlemen but the Bishops being those who kept the Diets of it best most of the Secular persons absenting themselves often on design and the Bishops leading all matters in it it was counted their Court and the odium of all that passed there fell to their share This step being made King Iames advanced towards an Uniformity with England in Worship and other Ceremonies moved to it either that he might thereby make way for the Union of both Kingdoms which of all things he most desired or that he might root the seeds of Puritanism out of Scotland But in this he met greater opposition and all the progress he made in it was that in one Assembly it was decreed there should be a Liturgy drawn for the use of the Church of Scotland and in another at Perth the Five Articles that bore the name of that place were settled not without great contradiction and these were the Confirmation of Children Private Baptism Private Communion in cases of necessity Kneeling in Communicating the Observation of the Holy days of the Nativity Passion Resurrection Ascension and Pentecost Those were also established in Parliament Anno 1621. where the Marquis his Father was Commissioner and managed that Affair so dexterously that it gained him an equal share of esteem and hatred these things being generally very odious As King Iames was going on warily in this design he died King Iames dies lamented and admired by all the World and even those who had irritated him most when alive did bewail his Death with deep and just regrates He was succeeded in his Throne by his onely Son CHARLES the First who was zealously conscientious for Episcopacy King Charles goes on in hiâ— designs for the Church so what his Father begun out of Policy was prosecuted by him out of Conscience The Bishops therefore were cherished by him with all imaginable expressions of kindness and confidence but they lost all their esteem with the People and that upon divers accounts The People of Scotland had drunk in a deep prejudice against every thing that savoured of Popery Prejudices are conceived against the Biâ—hops This the Bishops judged was too high and therefore took all means possible to lessen it both in Sermons and Discourses mollifying their Opinions and commending their Persons not without some reflections on the Reformers But this was so far from gaining their design that it abated nothing of the zeal was against Popery they are charged with Popery but very much heightned the rage against themselves as favouring it too much There were also subtile Questions started some years before in Holland about Predestination and Grace and Arminius his Opinion and Arminianism as it was condemned in a Synod at Dort so was generally ill reported of in all Reformed Churches and no-where worse than in Scotland but most of the Bishops and their Adherents undertook openly and zealously the defence of these Tenets and breach of Sabbath Likewise the Scotish Ministers and People had ever a great respect to the Lords Day and generally the Morality of it is reckoned an Article of Faith among them but the Bishops not onely undertook to beat down this Opinion but by their Practices expressed their neglect of that Day and after all this they declared themselves avowed Zealots for the Liturgy and Ceremonies of England which were held by the Zealous of Scotland all one with Popery Upon these accounts it was that they lost all their esteem with the People Neither stood they in better terms with the Nobility The Nobility became jealous of them who at that time were as considerable as ever Scotland saw them and so proved both more sensible of Injuries and more capable of resenting them They were offended with them because they seemed to have more interest with the King than themselves had so that Favours were mainly distributed by their
recommendation they were also upon all Affairs nine of them were Privy Counsellours divers of them were of the Exchequer Spottiswood Archbishop of S. Andrews was made Chancellour and Maxwell Bishop of Ross was fair for the Treasury and engaged in a high rivalry with the Earl of Traquair then Treasurer which tended not a little to help forward their Ruine And besides this they began to pretend highly to the Tithes and Impropriations and had gotten one Learmonth a Minister presented Abbot of Lindoris and seemed confident to get that State of Abbots with all the Revenue and Power belonging to it again restored into the hands of Churchmen designing also that according to the first Institution of the Colledge of Justice the half of them should be Churchmen This could not but touch many of the Nobility in the quick who were too large sharers in the Patrimony of the Church not to be very sensible of it They were no less hateful to the Ministry because of their Pride which was cried out upon as unsupportable Their Presbyters dislike them Great complaints were also generally made of Simoniacal pactions with their Servants which was imputed to the Masters as if it had been for their advantage at least by their allowance They also exacted a new Oath of Intrants besides what was in the Act of Parliament for obedience to their Ordinary in which they were obliged to obey the Articles of Perth and submit to the Liturgy and Canons They were also making daily Inroads upon their Jurisdiction of which the Ministers were very sensible and universally their great rigour against any that favoured of Puritanism together with their medling in all Secular Affairs and relinquishing their Dioceses to wait on the Court and Council made them the object of all mens fury The Liturgy is appointed for Scotland But that which heightned all to a Crisis was their advising the King to introduce some Innovations in the Church by his own Authority things had prospered so ill in General Assemblies that they thought of these no more And in the Parliament 1633. that small addition to the Prerogative that the King might appoint what Habits he pleased to the Clergy met vigorous opposition notwithstanding the King seemed much concerned for it those who opposed it being sharply taken up and much neglected by His Majesty which stuck deep in their hearts the Bishops bearing all the blame of it At this time a Liturgy was drawn for Scotland or rather the English reprinted with that Title save that it had some Alterations which rendred it more invidious and less satisfactory and after long consulting about it and another Book of Canons they were at length agreed to that the one should be the form of the Scotsh Worship and the other the Model of their Government which did totally vary from their former Practices and Constitutions and as if all things had conspired to carry on their Ruine the Bishops not satisfied with the general High Commission Court produced Warrants from the King for setting up such Commissions in their several Dioceses in which with other Assessors Ministers and Gentlemen all of their own nomination they might punish offenders That was put in practice onely by the Bishop of Galloway who though he was a pious and learned man yet was fiery and passionate and went so roundly to work that it was cried out upon as a yoke and bondage which the Nation was not able to bear And after all this the King advised by the Bishops commanded the Service-book to be received through Scotland and to be read according to the new book at Edinburgh on Easter-day in the year 1637. yet by the Council it was delayed till the 23th of Iuly A Tumult at reading Divine Service but then it met with a tumult from Women and the meaner sort of people whom though none owned in that Attempt yet there wanted not enough who suspected them to have been set on by others However certain it was that the constant Discourse of the discontented Ministers and Noblemen was that Popery was to be introduced and Liberties like to be destroyed and the Bishops to blame for all By such Insinuations it was that the People were animated unto an unparallelled Fury so that they threw Stools at the Dean of Edinburgh when he begun to read the Service and interrupted it often notwithstanding all the means used by the Lords of Council and Magistrates of Edinburgh to hinder it The Lords of Council as they complained to the King of this Disorder so they spared not to lay the greatest blame of it upon the Bishops which appears from the following Letter written by the Earl of Traquair to the Marquis My Noble Lord AT the meeting of the Council here at Edinburgh the 23th of this instant Traquair 's Letter about the occasion of the Troubles we found so much appearance of Trouble and Stir like to be amongst people of all qualities and degrees upon the urging of this new Service-book that we durst no longer forbear to acquaint His Majesty therewith and humbly to represent both our Fears and our opinions how to prevent the Danger at least our opinions of the way we would wish His Majesty should keep therein or before he determine what course to take for pacifying of the present Stir or establishing of the Service-book hereafter wherein all I will presume to adde to what the Council hath written is to intreat your Lordship to recommend to His Majesty that if he be pleased to call to himself any of the Clergie he would make choice of some of them of the wisest and most calm Dispositions for certainly some of the leading men amongst them are so violent and forward and many times without ground or true judgment that their want of right understanding how to compass business of this nature and weight does often breed us many difficulties and their rash and foolish Expressions and sometimes Attempts both in private and publick have bred such a Fear and Iealousie in the hearts of many that I am confident if His Majesty were rightly informed thereof he would blame them and justly think that from this and the like proceedings arises the ground of many Mistakes amongst us They complain that the former Ages have taken from them many of their Rents have robb'd them of their Power and Iurisdiction and even in the Church it self and Form of Gods Worship have brought in some things that require Reformation but as the deeds of these Times at least the beginnings thereof were full of notour and tumultuary disorder so shall I never think it will prove for the good either of Gods Service or the Kings by the same ways or manner of dealing to press to rectifie what was then done amiss We have a wise and judicious Master who will nor can urge nothing in this poor Kingdom which may not be brought to pass to his contentment and I am most confident if he shall
be graciously pleased to hear his faithful Servants inform him of the Truth he shall direct that which is just and right and with the same assurance I dare promise him Obedience The interest your Lordship has in this poor Kingdom but more particularly the Duty you owe to His Majesty and the true respect I know you have ever carried to His Majesties Honour and the good of his Service makes me thus bold to acquaint your Lordship with this business which in good faith is by the folly and misgovernment of some of our Clergie-men come to that height that the like has not been seen in this Kingdom of a long time But I hope your Lordship will take in good part my true meaning and ever construct favourably the actions of Your loving faithful Friend and humble Servant TRAQVAIR Edinburgh Aug. 27. After all inquiry was made it did not at all appear that any above the meaner sort were accessory to that Tumult the sequel whereof in the Afternoon had almost been Tragical not onely to the Bishop of Edinburgh but to the Earl of Roxburgh for having him in his Coach But His Majesty though he was willing to be gentle to the Transgressours yet continued firm to his former Resolutions of having the Liturgy and Book of Canons established In October thereafter a new Tumult fell out in Edinburgh against the Earl of Traquair and some of the Bishops whom the People in their fury went about to have killed upon which by Proclamation the Council and Session and other Courts were removed from Edinburgh Hereupon the Earl of Roxburgh who was then Lord Privy-Seal went to Court to give the King an account of Affairs for all this time divers had petitioned the Council against these Books complaining they were contrary to Religion in the matter of them and the Laws of the Land in the manner of bringing them in but all he could procure was a Pardon for what was past to such as should thenceforth live quietly and that was proclaimed in December but was far from giving satisfaction for by this time the Malecontents were become considerable and had formed themselves into a Body It was also studiously infused in the minds of all through Scotland that the Bishops were introducing Popery that many points of Popery were in these Books and that the whole of them was both superstitious and illegal This took mightily with the Vulgar and the malecontented Ministers began every-where to talk high in their Pulpits against the Bishops they also formed themselves into a Body called the Table where there were Deputies from the Shires and Burroughs and a great many Noblemen and Ministers That which they pretended was the Security of Religion They pretend the Security of Religion and swear the Covenant with the preserving the Fundamental Laws and Liberties of the Land the Honour of the King and the defence of his Authority and for this end it was judged fit and necessary to renew the Covenant made in King Iames his time against Popery and signed by that King with his Council and Family which according to the new draught was made up first of King Iames his Covenant next of a long Narrative of all Acts of Parliament whereby the Reformed Religion was ratified thirdly of an Addition wherein the late Innovations were sworn against till they were judged in a free General Assembly and declared also to be abjured in the old Covenant as formally as if they had been expresly named in it and all ended with a Bond of Defence for adhering to one another in pursuing the ends of the Covenant This was no sooner moved but the advice took as if it had been an Oracle so the Covenant was sworn first at Edinburgh in the moneth of February and then sent every-where through the Country to get the example of those in Edinburgh imitated which was accordingly done not without great appearances of Devotion among all sorts of People they pretending it was nothing but the preservation and purity of Religion they aimed at For the Covenant I judge it needless to insert it here both because of its length and that it is in the large Manifesto of the Affairs of this year published in His Majesties Name and therefore that Book being both common and of great Authority I do not insert Papers at their length that are to be found there and shall onely adde that the Originals and other authentick Justifications of that Declaration are in my hands The Session or Term was held that Winter at Sterlin but the Council sate often at Dalkeith within four miles of Edinburgh which being then so full of People it was not judged fit for the Council to withdraw too far from it Petitions were often offered to the Council encouraged from the Table full of Complaints against the Bishops and the late Innovations but they were as often rejected Upon this the Earl of Traquair went to Court and gave a full account both of the Petitions the Humours and the Strength of the Malecontents and that all was occasioned by the Bishops misgovernment and by the introducing the lately-authorized Books with which scarce a Member of the Council the Bishops onely excepted was well satisfied neither were all these cordially for them for the Archbishop of S. Andrews from the beginning had withstood these designs foreseeing how full of danger the executing of them might prove The Archbishop of Glasgow was worse pleased but the Bishops of Ross Dumblane Brechin and Galloway were the great Advancers of them Traquair represented also that the Body of all Scotland was staggering if not wholly alienated from their Duty to the King and that nothing could recover them out of this distemper but assurances of His Majesties affection to the Protestant Religion and of his aversion from Popery together with the laying aside of these Books at least till better Times At this time also the Covenanting Lords wrote to the Duke of Lenox the Marquis of Hamilton and the Earl of Morton who were then at Court representing their Grievances and desiring they would offer their Petition to His Majesty which was humble enough though full of Complaints against these Books desiring they might be heard to object against them offering under the highest pains to prove they contained things both contrary to Religion and the Laws of the Land But all the Earl of Traquair said was suspected his prejudices against the Bishops being known The opposition he had made the Bishops had rendered him hitherto very Popular in Scotland and there want not grounds to suspect him a secret worker in this opposition to these Books though he seems to have been far from cherishing any further designs All he could procure from the King was a Proclamation The King proclaims his firmness to the Protestant Re-Religion Giving assurance of His Majesties firmness to the Protestant Religion and that great care was used in drawing the Liturgie so that not onely it was not
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
Ja. Carmichael W. Elpinston These Instructions being afterwards transmitted to the Lords of the Clergy were returned signed as follows St. Andrews Da. Edin Io. Dumblanen Tho. Gallovid Wal. Brechinen This was seconded by a private Letter to the King signed by Traquair and Roxburgh which follows copied from the Original Most Sacred Soveraign A Letter from Traquair and Roxburgh to the King ALthough the miserable Estate of this poor Kingdom will be sufficiently understood by Your Majesty from this Gentleman Sir John Hamilton's Relation yet we conceive our selves in a special manner bound and obliged to represent what we conceive does so nearly concern Your Majesties Honour and Service and therefore give us leave truly and faithfully to tell Your Majesty that since the last Proclamation the fear of Innovation of Religion is so apprehended by all sorts of Subjects from all corners of this Kingdom that there is nothing to be seen here but a general Combustion and all men strengthening themselves by subscribing of Bonds and by all other means for resisting of that which they seem so much to fear This is come to such a height and daily like to encrease more and more that we see not a probability of Force or Power within this Kingdom to repress this Fury except Your Majesty may be graciously pleased by some Act of Your Own to secure them of that which they seem so much to apprehend by the inbringing of the Books of Common-Prayer and Canons The way which the Subjects have taken and daily go about in the prosecution of their business is inexcusable and no ways agreeable to the duty of good Subjects but Your Majesty is wisely to consider what is the best and safest course for Your Own Honour and Peace of Your Government and since Religion is pretended to be the cause of all if it shall not be a safe course to free them at this time of Fears by which means the wiser sort will be satisfied and so Your Majesty enabled with less pain or trouble to overtake the Insolencies of any who shall be found to have kicked against Authority We are the rather moved at this time to be of this opinion that having found it the opinion not only of those to whom Your Majesty wrote in particular except of the Marquis of Huntley who as yet is not come from the North but of most of the Noblemen and men of respect within this Kingdom we find few or none well-satisfied with this business or to whom we dare advise Your Majesty to trust in the prosecution thereof and if any havâ— or shall inform Your Majesty to the contrary give us leave humbly to intreat Your Majesty to be pleased to call them before Your Self that in our presence You may hear the reasons of both Informations fully debated So praying God to grant Your Majesty many happy days and full contentment in all Your Royal designs we humbly take our leave and rest Your Majesties humble Servants and faithful Subjects Traquair Roxburgh Sterlin March 5. 1638. There was also besides many private Letters recommending this business a publick Letter written by the Council to the Marquis which follows taken from the Original Our very Honourable good Lord WE finding the Subjects Fears and Stirs to encrease since the last Proclamation did appoint by the Lord Chancellour A Letter from the Council to the Marquiâ— and other Lords of the Clergy their Special Advice a solemn Dyet of Council to be kept at Sterlin on the first of March where the Lord Chancellour and other Lords of the Clergie promised to be present to consult upon the growth of the publick Evils and Remedies thereof for His Majesties Honour and Peace of this Country but having met at Sterlin we received a Letter of excuse from the Lord Chancellour and were forced to proceed without him and the other Lords of the Clergy where after we had spent four days in advising upon the said Evils and Remedies of them we resolved in end to direct Sir John Hamilton of Orbiston one of our number with a Letter of Truâ—t from us to His Majesty to whom we have imparted our Opinions and Reasons of the said publick Ills and Remedies of the same to be represented to His Sacred Majesty and because the business is so weighty and important that in our opinion the Peace of the Country was never in so great hazard we have thought fit to recommend the business to your Lordships consideration that after your Lordship has heard the Iustice-Clerk therein your Lordship according to your great interest in His Majesties Honour and Peace of the Kingdom may concur by your best advice and assistance at His Majesties hands to bring these great and fearful Ills to a happy event So committing your Lordship to the Grace of God we rest Your Lordships very good Friends Traquair Roxburgh Winton Perth Wigton Kinghorn Lauderdale Southesk Angus Lorn Down Elphinston Napier J. Hay Tho. Hope J. Carmichael W. Elphinston Sterlin March 5. 1638. The Covenanters also wrote again to the Scotish Lords at Court desiring Liberty to send up one to represent their Grievances for they doubted the Council did not use them well and one of them wrote very peremptorily to the Marquis That they were resolved rather to hazard the whole Business than change a word of their Petitions and that they would quit their Lives if they got not granted to them what they desired The King resolves to send the Marquis Commissioner to Scotland The Justice-Clerk being thus instructed came to London where after he had discharged himself of his Trust His Majesty partly doubting his Council partly hoping the Authority of a Commissioner might qualifie the Peoples fury not a little resolved to chuse one and about this he made no long Deliberation but presently set his thoughts on sending the Marquis to Scotland for that Service and it was the opinion of all that a fitter choice could not have been made both because of his Quality and Kindred as also that he was at this time free of all Jealousies for his course heretofore had been more like a Courtier than a Statesman so that he was untouched with the susâ—icions of what had been hitherto done his Advice having scarce ever been called for so he was fitter to treat with that Party but chiefly his temper was so obliging and insinuative that none alive was more able to gain people to Reaâ—on and to manage their Spirits than he was It is alledged that some moved the imploying my Lord Huntley for this Service but no vestige of such a motion appears and if it was made it could not take with the King who at that time knew not Huntley well and since the King designed to try all could be effectuated by Treaty there was not a person so unfit for it as the Marquis of Huntley for his Family being always odious to that Party and himself all his life suspected of Popery he had been a very
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
asked why His Majesty had called him the King said to be a Witness of what was done and because he had been before acquainted with the proceedings of that business he was also to be informed of what passed thereafter Then the Marquis desired to know what the Bishops expected he could doe they answered nothing but procure the Peace of the Country and good of the Church he desired they would contribute their assistance for reclaiming the Ministery who were once conformable and for the Ministers that were censured but were now stirring he should deal with them They answered their power was small at that time and their danger great and so inclined to stay still at London but that was overruled the Marquis undertaking that so far as in him lay he should stand betwixt them and danger The Archbishop of Canterbury said much and well on this head so it was agreed that they should go home Next the King expressed how necessary he conceived it was that every one of them should live in their own Diocese Canterbury seconded this and the Bishops acknowledged it was the best way Much was said concerning General Assemblies and that Ecclesiastical matters ought to have been introduced by them and the Marquis was ordered to give assurance that in all time coming nothing substantial should be introduced in the Church but by them Much debate passed about the Oath of admission of Ministers and it was concluded it should be no other than what was warranted by the Law and the Bishops were required to be sparing and moderate for the present both in urging that and the Ceremonies All this His Majesty concluded with his wishes for good success adding that the Marquis had been so far from seeking this Imployment that he had commanded him much against his will to undertakâ— the journey This was in the beginning of May and upon the 7th of May Letters were directed to Scotland giving notice of the Resolutions taken to the Nobility the Marquis wrote also to all his Friends and Dependers to meet him at Hadington the 5th of Iune The next thing that was taken into consideration was the drawing up of his Instructions A Commission in the ordinary form being first drawn there were two Proclamations signed by the King both which are extant the one written with the Earl of Traquair's hand the other by the Marquis the first whereof follows CHARLES R. CHARLES by the Grace of God King of Scotland England The Proclamation sent by the Marquis France and Ireland Defender of the Faith to our Lovits our Sheriffs in that part conjunctly and severally specially constitute Greeting Forsamiekle as We are not ignorant of the great Disorders which have happened of late within this Our ancient Kingdom of Scotland occasioned as is pretended upon the introduction of the Service-book Book of Canons and High Commission thereby fearing Innovations of Religion and Laws for satisfaction of which Fears We well hoped that the two Proclamations of the eleventh of December and nineteenth of February had been abundantly sufficient nevertheless finding that Disorders have daily so increased that a powerful rather than a persuasive way might have been justly expected from Vs yet We out of Our innate Indulgence to Our People grieving to see them run themselves so headlong into Ruine are graciously pleased to try if by a fair way We can reclaim them from their faults rather than let them perish in the same And therefore once for all We have thought fit to declare and hereby to assure all Our good People that We neither are were nor by the Grace of God ever shall be stained with Popish Superstition but by the contrary are resolved to maintain the true Protestant Christian Religion already professed within this Our ancient Kingdom And for further clearing of Scruples We do hereby assure all men that We will neither now nor hereafter press the practice of the aforesaid Canons and Service-book or any thing of that nature but in such a fair and legal way as shall satisfie all Our loving Subjects that We neither intend Innovation in Religion or Laws and for the High Commission We shall so rectifie it with the help of advice of Our Privy Council that it shall never impugn the Laws nor be a just Grievance to Our Loyal Subjects And as hereby it may appear how careful We are to satisfie the foresaid Fears how needless soever of Our good Subjects * So We do hold Our Selves obliged both in Conscience and Honour to hinder the course of that which may prejudge that Royal Authority which God has endued Vs with wherefore understanding that many of Our Subjects have run themselves into seditious and undutiful courses and willing to reduce them rather by a benign than forcible mean because We hope that most of them are drawn thereto blindly out of fear of Innovations are content hereby to declare and promise upon the Word of a King to pardon what is past and not to take notice of the by-gone faults no not so much as of those factious and seditious Bonds upon condition that they seek to Our Mercy by disclaiming the same and in testification of the true sense of their Misdemeanors that they deliver up or continuâ— with their best endeavours to procure the delivering up of the said Bonds into the hands of Our Council or such as Our Council shall appoint Declaring always likeas We by these presents do declare all these to be esteemed and reputed as Traitors in all time coming that shall not renounce and disclaim the said Bond or Bonds within after the publication hereof that is to say Whosoever will from henceforth be thought a good Subject and capable of Our Mercy must either deliver up the same in case he have it or concur with his best endeavours to the delâ—vering up thereof or at least must come to some of Our Privy Council or chief Officers in Burgh or Land and testifie to him that he renounces and disclaims the said Bonds Our Will is therefore and We charge you straitly and command that incontinent this Our Letteâ— seen c. C. R. The other Proclamation penned by the Marquis agrees with the former to the place that is marked * after which it follows thus Another Proclamation So We expect that their behaviour will be such as may give testimony of their Obedience and how sensible they are of Our Grace and Favour that thus pass over their Misdemeanours and by their future carriage make appear it was onely the fear of Innovations that caused those Disorders that have happened of late in this Our Kingdom which now cannot but by this Our Declaration be removed from the hearts of Our loving Subjects but on the contrary if we find not this performed with that chearfulness and alacrity that becomes good and obedient Subjects We declare and hold Our Self obliged in Honour and Conscience to make use of those forcible means which God hath armed Royal Authority with
for the curbing of disobedient and stubborn People Our Will therefore is and we charge you c. C. R. And by another Paper His Majesty left it to the Marquis his choice whether of the two he should make use of as he found it might tend to His Service but withall if he made use of the second and it gave no satisfaction so that within 6 Weeks most of the Bonds were not delivered up upon his desiring them to doe so then he should publish another Proclamation Declaring the Covenanters Traitors if within 5 days they came not to accept of Mercy and deliver up the Bonds if they were in their power And so a third Declaration penned by the Chancellour was laid aside onely it is extant marked by the Kings Hand on the back and therefore shall be set down here WHereas we were in hope by Our late Proclamations to have given satisfaction to Our People and to have removed their Mistakings of the Book of Common-prayer which We caused to be published having thereby declared that it never entred into Our thoughts to make any Innovation in Religion and Form of Gods Worship nay not to press the said Books upon any of Our Subjects till by a fair way they were induced to approve the same yet having understood that to the contrary by what means We know not occasions have been taken to confirm them in their former Mistakings and to bind them by the Oaths and Subscriptions against the Laws established by Our dear Father of blessed memory and ratified by Our Selves since Our coming to the Crown howsoever there is in that more than just cause offered to take punishment of such an open Contempt and Rebellion yet considering that this is not the fault of the simple sort and multitude of People who have been seduced through specious pretexts as if nothing were contained in the said Bond or Covenant as they call it but the promoting of Gods Glory the maintaining of Our Honour and Liberty of the Country with the preserving of Vnity among themselves We no way willing to use Our People with rigour or to enquire severely into their errors of that kind have thought meet to renew Our former Declaration by assuring them and every one of them that Our constant Resolution is and hath been to maintain the true Religion professed and established by the Laws of that Our Kingdom without any Change or Innovation at the hazard of Our Life and Crown and that We will not force on Our Subjects either the said Book of Common-prayer or Book of Canons till the same be duly examined and they in their Iudgments satisfied with the legality thereof nor will We permit the exercise of any Commission upon them for whatsoever cause which may give unto them any just cause of Grief and Complaint Willing therefore and requiring all Our People and Subjects to acquiesce to this Our Declaration and not suffer themselves to be misled by the private or publick Informations of turbulent spirits as if We did intend any thing contrary to this Our Profession having always esteemed it a special point of Royal Dignity to profess what We intend to doe and to perform what We do promise certifying all Our good Subjects who shall hereupon rest quiet in the obedience of God and Vs that We will faithfully perform whatsoever We have declared whether in this or in Our former Proclamations made to that purpose and be unto them a good and merciful King as on the other side if any shall hereafter make business and disturb the Peace of that Church and Kingdom by following their private Covenants and refusing to be ruled by the Laws established that We will use the Force and Power which God hath put into Our hands for compescing and subduing such mutinous and disobedient Rebels Given at Our Palace of This is marked by the Kings Hand Declaration made by the Chancellour Thus that wise Prelat foresaw well how it would be easier to effectuate all that had been designed than to get that alone of disclaiming the Covenant brought about and therefore left that out in his draught of the Declaration But the King was peremptory saying That as long as that Covenant was not passed from He had no more Power than the Duke of Venice For the Commissioners Instructions the Chancellour gave his Advice in writing which was very closely followed After that many particular Questions were given in by the Marquis in writing for Orders how to carry himself whatever might meet him in his Negotiation to which he got positive Answers in writing from the King which are extant and though the Material points in that Paper be to be found in the Instructions yet this seems too considerable to be suppressed and therefore it is set down in the very Form wherein it is in the Original the Queries being written by the Marquis and the Answers over against them by the King QUERIES whereunto Your MAJESTIES Direction and Resolution is humbly prayed that accordingly I may govern my self and be warranted for my Proceedings 1. IF before the publishing of the Declaration some of the chiefest of the Petitioners may not be prepared and laboured to conceive aright of the same and in general acquainted with Your Majesties gracious Intentions They may 2. Where the first meeting of the Council shall be Where you shall find most convenient the City of Edinburgh only excepted 3. If Your Majesty will not permit the Council to sit where and in such places as is conceived may tend most for the advancement of Your Service Yes 4. If the Declaration shall not be read to the Council and they required to sign the same By all means 5. If we shall not all swear to give our best assistance for the putting the same in due execution Yes 6. If any Councellour refuse to doe it what course shall be taken with him Dismiss him the Council 7. If Acts of Council are not to be made finding that this Declaration ought to free us of the fears of Innovations either of Religion or Laws Yes 8. If all Councellours are not to be warned to give their attendance till the business be settled Yes 9. If upon the publication of this Declaration there be Protestations made what course shall be taken The Protesters must be proclaimed Rebels 10. If no Protestations but Petitions of new be presented either demanding further satisfaction or adhering to their former what Answer shall be made or what course taken Vt supra 11. If they remain still in a Body at Edinburgh or elsewhere after the Declaration what course shall be taken You must raise what Force you may to treat them as Rebels 12. If they should petition against the High Commission itself as not to be introduced without an Act of Parliament what Answer shall be given That they muâ—t be content with My Declaration in that point 13. If against the matter contained therein it is then desired that those particulars may
their Election You are to labour that the Five Articles of Perth be held as indifferent strive that the admissions of Ministers may continue as they are you may condescend that the Oaths of their Admission be no other than is warranted by Act of Parliament You are if you find that it may any wise conduce to Our Service to enact and publish the Order made at Holyroodhouse by Our Council the fifth of July last for discharging the use of the Service-Book Book of Canons and the practice of the High Commission You are to protest against the abolishing of Bishops and to give way to as few restrictions of their power as you can as for the Bishops not being capable of Civil Places you must labour what you can to keep them free You may give way that they shall be accountable to the General Assembly which you shall indict at the rising of this against that time twelve month As for the Bishops Precedence you are not to admit them of the Assembly to meddle therewith it being no point of Religion and totally in the Crown If the Bishop of St. Andrews or any other be accused of any crime you are to give way to it so they may have a free Trial and likewise the same of whatsoever person or Officer of State It is left to your discretion what course Bishops shall take that are for the present out of the Country You are to advise the Bishops to forbear sitting at the Council till better and more favourable times for them Notwithstanding all these Instructions abovementioned or any other accident that may happen still labouring to keep up Our Honour so far as possibly you can you are by no means to permit a present Rupture to happen but to yield any thing though unreasonable rather than now to break C. R. London the 27th July 1638. But with this His Majesty ordered him to see That the Country were again settled before he indicted the Assembly that the Moderators named by Bishops in Presbyteries might be again reponed and according to the Act of the Assembly 1606. they might be held necessary Members of the Assembly that all Ministers turned out since these Stirs began might be again restored and that all Ministers admitted without Bishops might desist from the exercise of their Function That all people might keep their own Churches and that Bishops and Ministers who took not the Covenant might live quietly without disturbance and have their Stipends paid them His Majesty also so gave warrant That if need required he might call a Parliament against April next and with these Instructions the King wrote to the Council the following Letter CHARLES R. RIght trusty and well-beloved Cousin Councellour and Commissioner The Kings Letter to the Council and Right trusty and well-beloved Cousins and Councellours and trusty and well-beloved Councellours We Greet you well The great Distractions which have of late arisen both in Kirk and Commonwealth in that Our Ancient Kingdom of Scotland have much troubled the minds of many good and loyal Subjects there and these Distractions have fallen out among them upon Iealousies and Fears of Innovation in Religion and introducing of Popery and not without some Fears conceived amongst them as if We Our Self were that way inclined Vpon occasion of these Fears they have of late signed a Covenant or Bond for conserving the Religion established and the Laws of the Country but this Bond being not subscribed by Royal leave and Authority as was that in Our dear Fathers time must needs be both null in it self and very prejudicial to the ancient and laudable Government of both Kirk and Common-wealth which though We must declare unto you yet out of Our inborn Love to that Our Native Country and Loyal Subjects there and for the obviating of these causeless Fears and to satisfie your selves and all Our loving People We do hereby under Our hand let you know that We are and have ever been satisfied fully in Our Iudgement and Conscience both for the Reformed Religion and against the Roman and that by Gods Grace and Goodness We purpose both to live and die in the belief and practice of the Religion now established and to preserve it in full strength according to the Laws of that Our Kingdom and to the end that this may appear to Posterity how firm and settled We are in that Our Religion We require you Our Commissioner and Council to see these Letters registred according to course Given at Our Court at Oatlands Iuly 30. 1638. His Majesty signed also the following Declaration CHARLES R. THE great Distractions which of late have risen both in Kirk and Commonwealth in this Our ancient Kingdom and Declaration have so troubled the minds of many of Our good and loyal Subjects there that they have been possessed with Fears as if Popery had been intended to have been introduced and as if We Our Self were that way inclined upon occasion of which Fears a Covenant or Bond of late hath been drawn up intended by the Subscribers as doth appear by their Supplication presented to Our Commissioner the 26th of June last for conserving the Religion and Laws of the Country but it not being done by Royal leave and Authority as was that in Our dear Fathers time must be both null and void of it self and much prejudicial to the ancient and laudable Government of Kirk and Commonwealth Therefore We for obviating those Fears which have been misconceived both against Our Person and Profession for matters of Religion and to satisfie not Our loving Subjects only but all the Christian World that We do and by Gods Grace ever will maintain the true Christian and Reformed Religion established in this Our Kingdom and to let the World see that this shall be done in and with all freedom according to the Laws of Our Country have signed the Confession of Faith established by Act of Parliament An. 1557. with this Bond following in defence of it and Royal Authority Laws and Liberties of the Country and do also require the present Subscription of this Confession and Bond by all Our loving Subjects that it may remain in force to Posterity that they may know how careful We are and have been to preserve the integrity of Religion and the freedom of Our Laws Here the Confession of Faith was inserted which is to be seen in the Acts of Parliament An. 1567. and therefore it being of great length the Reader is referred to the Acts of the Parliaments of Scotland Thereafter followed this ensuing Bond. with the Bond to be signed We and every one of us underwritten do protest and swear in the presence of God Almighty that we are truly and fully resolved in our Consciences that this is the Confession of the true Faith of Christ established by the Laws of this Country and that by the Grace of God we will profess and maintain the same all the dayes of our Lives and because the
as bad if not worse than the Disease The Marquis was so far from denying this that he confessed he could hardly without straining of his own Conscience resolve on the doing of it himself upon divers accounts a chief one being that in disclaiming of Transubstantiation the real presence of the Body and Blood of Christ was rejected which he could not sign without declaring that by real he understood corporal and this he accordingly declared when he signed it But to this he added that it was the Idol of Scotland and he saw no other way to reduce things to any temper unless this Course were taken and followed He presented likewise to the King a Paper of all the Inconveniences which were not only like to follow on the calling of an Assembly but seemed certain which Account was so full that when the Bishop of Ross came up after that being sent by the Bishops to divert the King from calling an Assembly His Majesty said he offered no inconvenience could follow on it but what the Marquis had laid out to the full before him And now the King resolved to try the utmost of yielding for the recovery of His Subjects therefore he again dispatched His Commissioner from Oatlands on the tenth of September with ample Instructions which follow CHARLES R. YOV shall in full and ample manner by Proclamation or otherwise as you shall see cause The Marquis gets new Instructions declare That We do absolutely revoke the Service-Book the Book of Canons and the High Commission You shall likewise discharge the practise of the Five Articles of Perth notwithstanding the Act of Parliament which doth command the same and in the said Proclamation you shall promise in Our Name that if in the first Parliament to be held the three Estates shall think fit to repeal the said Act We shall then give Our Royal Assent to the said Act of Repeal You shall likewise declare that We have enjoyned and authorized the Lords of Our Privy Council to subscribe the Confession of Faith and Bond thereto annexed which was subscribed by Our dear Father and enjoyned by His Authority in the year 1580. and likewise have enjoyned them to take order that all our Subjects subscribe the same You shall likewise declare That Our meaning and pleasure is that none of Our Subjects whether Ecclesiastical or Civil shall be exempted from censures and trial of the Parliament or General Assembly those Courts proceeding against them in due form and order of Law You shall likewise declare That we are Graciously content that the Episcopal Government already established shall be limited with such Instructions as may stand with the Laws of this Church and Kingdom already established You shall offer a Pardon by Proclamation and promise in it a Ratificatification of the same in Parliament to all Our good Subjects who shall rest satisfied with this Our gracious Declaration and hereafter carry themselves as becomes peaceable and dutiful Subjects You shall procure an Act of Council wherein every Councellour shall declare himself fully satisfied with this our Declaration and if you can they shall moreover solemnly swear and protest to adhere to Vs and with their Lives Fortunes and whole Means assist Vs in the punishing and repressing all such as shall be found to be disobedient to Vs or persist in turbulent and unpeaceable Courses and if any of Our Councellours shall refuse so to doe you shall presently remove him from the place of a Councellour You shall likewise require every Lord of the Session to subscribe the Confession of Faith abovementioned and the Bond tâ—ereunto annexed as likewise to make the same Protestation in all things as in the last Instruction is required of a Councellour and if they shall refuse to doe it you shall then certifie to Vs the Names of such Refusers You shall likewise declare that Our Pleasure is That a most solemn Fast be indicted upon a set day throughout the whole Kingdom which shall precede the General Assembly in some competent time The Causes shall be declared to beg Gods blessing on that Assembly to beg of God a peaceable end to the Distractions of this Church and Kingdom with the aversion of Gods heavy judgement from both The form of Indiction we desire to be according to the most laudable Custom of this Church in most extraordinary cases You shall labour as much as in you lieth that both the Electors and Persons elected to be Commissioners as the General Assembly shall be the same that were wont to be in My Fathers time and the same forms to be observed as near as may be but yet if that cannot be obtained it shall be no lett to you from indicting a General Assembly but you shall go on in it by all such means as you shall find to be most advantageous to Me in that Service The time and place of the Assembly Edinburgh only excepted We leave to your Iudgment and Pleasure You shall likewise presently indict a Parliament thâ— time and place We leave likewise to you Whether you shall first publish Our Gracious Offers or first indict the Assembly We leave it to your own Iudgment as you shall see cause If you shall find the most considerable part of the Council not to acquiesce in this Our Gracious Declaration and not to promise hearty and chearful Assistance to Vs as is above-expressed or not a considerable part of other Lords and Gentlemen in case Our Council refuse then you shall neither indict Parliament nor Assembly nor publish any of My Gracious Offers except only the abolishing of the Service-Book Book of Canons and High Commission but leave them to themselves and to such further Order as We shall be forced to take with them only if you foresee a Breach you shall give timely warning thereof to such as have stood well-affected to Our Service that so they may in due time provide for their safety and your self is to return to Vs with expedition You must by all means possible you can think of be infusing into the Ministers what a wrong it will be unto them and what an oppression upon the freedom of their Iudgements if there must be such a number of Laicks to overbear them both in their Elections for the General Assembly and afterwards Likewise you must infuse into the Lay-Lords and Gentlemen with art and industry how manifestly they will suffer if they let the Presbyters get head upon them For the Forms of these We leave to you and such Learned Council as you shall use upon the place always provided that you retain the substance of these Our Instructions You shall enjoyn in Our Name the Lords of Council and all other Our good Subjects to subscribe the Confession of Faith signed by Our dear Father and publish Our charge to all Commissioners and Ministers for that end according to the same signed with Our Royal Hand and further proceed in that particular according as We have directed you and
the Colledge of Iustice have signed my Covenant which I hope they have because I hear nothing in the contrary it were no impossible thing to get them to doe me Iustice in this particular And this I will say confidently that until at least the Adherers to this last Protestation be declared Traitors nothing will go as it ought in that Kingdom I say this not to alter your course but onely to shew you my opinion of the State of Affairs As for the danger that Episcopal Government is in I do not hold it so much as you doe for I believe that the number of those that are against Episcopacy who are not in their hearts against Monarchy is not so considerable as you take it And for this General Assembly though I can expect no good from it yet I hope you may hinder much of the ill first by putting Divisions among them concerning the Legality of their Elections then by Protestations against their Tumultuous Proceedings And I think it were not amiss if you could get their Freedom defined before their Meeting so that it were not done too much in their Favours And I hope you will remember to weigh well the Propositions for the Assembly and send them up to me with all convenient sâ—eed I have seconded your Letter to the Major of Newcastle for the freeing of these Horses and have stopped all Provisions according to your advice at Hull yet methinks now they may be avowed to go against those that will not rest satisfied with what you have lately done in my Name But in this I assure you that I take your advice and so I rest Your assured constant Friend CHARLES R. Hampton-Court 20 Octob. 1638. Now the Covenanters were not idle and two Stories were at this time not a little talked of The one was about one Mistress Mitchelson The pretended Prophetess who was judged a devout person a zealous Covenanter she was she was troubled with Vapours and as is incident to persons in that condition spoke as one transported and most of all her Raptures were about the Covenant she did also inveigh severely against the late Act for signing the Confession of Faith This was highly magnified and she was spoken of as a person inspired of God and her words were recited as Oracles not a few taking them from her mouth in Characters People of the best Quality came to see her in her Fits and she was brought to the house of a noted Covenanter and laid in a large Bed-chamber which was always crowded to the doors she was called an Impostress by many but those who understood Nature better knew the root of her Distemper which to have called so at that time had met with a high Censure though it afterwards abating they were willing to defend it under that notion and counted them favourable who believed no worse of it The other Story was of one Abernethy who from a Jesuit Priest turned a zealous Presbyterian A Jesuit turns Presbyterian and had learned so much falshood in the Jesuits School as to forge a Story of the Liturgy of Scotland being sent to Rome to some Cardinals to be revised by them and that Signior Con had shewed it to himself there Upon the report of this the Marquis wrote to Con who was then at London but Con protested seriously he never so much as had heard of a Liturgy designed for Scotland till he came last to England that he had never seen that Abernethy at Rome but once and finding him light-headed had never again taken notice of him yet Abernethy's Story had a ready belief as well as a welcome hearing though the lightness and weakness of the man became afterwards so visible that small account was made either of him or his Story which at this time took wonderfully Upon the 24th of September a new debate arose in the Council which had almost set all wrong again Some at the Board whose hearts were with the Covenanters moved that it might be declared That matters of Discipline and Ceremonies were points of Faith this was at length debated and determined in the Negative The Marquis his next care was to write to all the Kings Friends through Scotland The Kings Proclamation published over Scotland that they might see His Majesties Proclamation published and get in as many Subscriptions to the Confession of Faith as was possible and do their utmost to see that the Elections of the Commissioners to the Assembly might be well considered but in none did he confide more and to none did he write more freely than to the Marquis of Huntley who expressed great zeal for His Majesties Service of which he gave the King a full account and as he saw cause he moved His Majesty to write divers Letters for encouraging all His good Subjects The Doctors of Aberdeen were also much cherished by him The Marquis does all was possible to prepare things for the Assembly and very kindly recommended to the King neither was any thing omitted that might cherish such as he saw well-affected to His Majesties Service He caused also draw a Remonstrance against Lay-elders and sent it through the Country to get as many Ministers Hands to it as was possible against the Sitting of the Assembly He was likewise very earnest with the Doctors of Aberdeen to have come to Glasgow to the Assembly finding them the only persons then in Scotland fit for undertaking the defence of Episcopacy he was to have sent one of his Coaches to the North for them but that Road being always bad for a Coach was unpassable in Winter and the Doctors were so extremely averse from coming that he could not importune them any further since he saw it was resolved that though an Angel from Heaven should come to plead for Episcopacy all would be rejected He also discovered the Prelimitations which the Tables were setting on the Assembly by the Orders they sent through all the Presbyteries both about Lay-elders and that none should be chosen save Covenanters and chiefly those that were able to argue on those Heads that were under debate In the mean time he went home to Hamilton to get those of Cliddisdale to sign the Confession the Justice-Clerk having gone before him to Glasgow and published the Proclamations there but he himself met with more difficulty in Cliddisdale yet he overcame most of them though they had been strangely wrought upon to resist him of all which having given the King an Account he had from Him the follow-Letter Hamilton I Confess this last Dispatch does more put me to seek how to judge of the Affairs of that Kingdom than any that I have yet received for I did not think that you would have met with so much opposition within your bounds since as I thought you past well over a greater difficulty to wit the Peevishness of the Council The cause of this I judge to be that you did not make so much opposition against the
own Hand which is to be omitted Whitehall 19th October 1638. The Marquis having got clear Directions in every particular for not so much as the Speech he was to have at Glasgow but was sent up and returned with the Kings Superscription a few lines of the first draught being onely dashed out by His Majesty he resolved to set out for Glasgow on the 16th of November But before he went he declared in Council that His Majesties positive Pleasure was that Episcopacy might be limited but not abolished and delivered them a Letter from the King commanding them to follow him to Glasgow and required the Kings Advocate to prepare himself to defend Episcopacy to be according to the Laws of Scotland he answered that it was against his Conscience to doe so and that he judged Episcopacy both contrary to the Word of God and to the Laws of this Church and Kingdom This brisk Answer though it was no surprize to the Marquis put his temper to a greater trial than any thing he met with in Scotland he threatned him with taking his Place from him but he answered him boldly that his Right to it was ratified in Parliament So he could do no more for that time but command him not to come to Glasgow which he obeyed On the 17th of November the Marquis came to Glasgow The Marquis goes to Glasgow and thither came to him a Letter from the Bishops of Ross and Brechin whom he left in Hamilton till he had opportunity of conveying them securely to the Castle of Glasgow which he did The night after he received the Letter that follows May it please your Grace WHat came from my Lord S. Andrews is herewith enclosed We humbly and heartily thank your Grace for your excessive favour and kindness towards us we must take it the more kindly that we know at such a time it is to let others see what respect your Grace carries to our Coat for our selves we could more willingly chuse a more sober diet and less ease considering our own Sins and the difficulties of the Times do admonish us rather to fast than feast to afflict our Souls rather than to relish any worldly pleasure But above all we two for our selves and in name of our Brethren do with most thankful hearts acknowledg your Graces most pious care of the Liberties of this poor distressed and distracted Church and especially the sollicitude and care your Grace hath that our Protestation be orderly done secretly kept and seasonably presented before either the Cause or we â—hat are Bishops suffer wrong It is that which now concerneth us most and is dearest to us both for Conscience before God and our credit to the present Age and future and we cannot express how happy we are to have in this Exigent such a Pious and Noble Patron careful and sollicitous with the most tender affection both of our Cause and Persons where otherwise with the greatest loss at least hazard can be to discharge our Duty to God and his Church we should be necessitated to doe it our selves and haply neither with so much safety nor honour God will reward your Grace we are confident and bless your Grace and yours for we dare aver in this Division your Grace hath made choice of the better part The Difficulties are great the Hopes none but too pregnant Fears to the contrary yet it is the more like to be Gods Cause that his Work may appear and it may be called digitus Dei and marvellous in our eyes Mans extremity is Gods opportunity We have given Doctor Hamilton our best directions which we submit humbly to your Graces better Iudgement to add and command what you think fit he needs no more Deputation but the inserting of his Name in the Procuratory which is in the close of the Declinator Above all we have recommended to him a care that it may be timeously presented but in this we trust only to your Grace As we pity the Difficulties your Grace is cast into so shall we be earnest supplicants to God Almighty to bless and preserve your Grace in this and all other Services wherewith God and His Majesty hath trusted you Your Graces most humble and bounden Servants Iohn Rossen Wal. Brechinen Hamilton Nov. 20. 1638. POSTSCRIPT What goes from my Lord of St. Andrews directed to me I beseech your Grace to open and read for your own use Because of an ambiguous word which was in the Paper the Marquis was to offer in His Majesties Name to the Assembly so strictly conscientious was His Majesty The strictness of his Majesties Conscience that he wrote His sense of it in the following Letter that found him at Glasgow Hamilton THis is rather to give the reason of My Answer than the Answer it self you being to receive it at large by My Lord of Canterbury The truth is that the same reason which made me blot out the whole Sentence before hath made me desire to alter a word now to wit that I should not be thought to desire the abolishing of that in Scotland which I approve and maintain in England namely the Five Articles of Perth now the word content expresses enough my consent to have them surcease for the present but the word pleased methinks imports as much as if I desired them to take them away or at least were well-pleased that they should doe so But I leave it to your ordering so that you make it be clearly understood that though I permit yet I would be better pleased if they would let them alone and so I rest Your assured constant Friend CHARLES R. Whitehall 21th of Novemb. 1638. At Glasgow the Marquis found the greatest confluence of People The Assembly sits at Glasgow that perhaps ever met in these parts of Europe at an Assembly On the 21th they sate down Mr. Bell Minister of Glasgow preached as the Marquis had ordered The Marquis judged it was a sad sight to see such an Assembly for not a Gown was among them all but many had Swords and Daggers about them when they were set he as Lord Commissioner begun with this Speech My Lords and the rest of this Reverend Assembly The Marquis his Speech THE making of long Harangues is not suitable either with my Education or Profession much less with this Time which now after so much Talking ought to be a time of Action I pray God that as a great and I hope the worst part of mens Spirits hath been evaporated into bitter and invective Speeches so the best and last part of them may be reserved for Deeds and these answerable to the Professions which have been made on all sides when this great Assembly should come For the Professions which have been made by Our Sacred Soveraign whom God long preserve to reign over us I am come hither by His command to make them good to His whole People whom to His grief He hath found to have been poysoned by whom I know
as to write the following Letter about him Hamilton I Have heard this day that the Dean of Durham is dead for the disposing of which Place though I may have many Suiters and which is more though heretofore I have had divers Intentions upon the disposing of that Place for the better accommodating of my Service the reason of which is now as forcible as ever yet I have thought fit not to dispose of it till I might if your stay be not longer than I expect speak with you and to shew you that I am not unmindful of the daily pains that at this time Balcanqual takes in my Service I would let you see the case before I dispose of it and have your Opinion if he might not stay a little longer for another nearer my eye and yet not dishearten him when it may accommodate my Service another way and so I rest Your assured constant Friend CHARLES R. The Assembly went on at such a rate that the Marquis judged it no longer fit to bear with their Courses for all Elections how disorderly soever were judged good their ears were shut upon Reason and the Bishops Declinator being read was rejected and an Answer drawn The Marquiâ— resolves to dissolve the Assembly wherefore on the 28th in the morning he call'd a Council in the Chapter-House and told them he was necessitated to dissolve the Assembly and gave his Reasons for doing it using much industry to gain them to concur with him in it The Earl of Argyle asked if he was to desire the Councils Approbation of what he intended or not the Marquis answered his Instructions from His Majesty were clear and positive for what he was to doe and therefore it was not in his Power to let any Debate be whether he should doe it or not onely he desired their concurrence and advice as to the manner of doing it Two hours were spent in Discourse but clear advices were not given from any of them from thence the Marquis went to the Church where the Assembly sate and after he sate long a Witness to some Debates were among them it was offered to be put to the Vote whether the Assembly was a free Assembly notwithstanding the Bishops Declinator or not upon which the Marquis knowing well how the Vote would run rose up and said I Find this day great contrarieties of Humours in my self first His Speech aâ— the Dissolution cause of Joy next cause of Sorrow cause of Joy in making good what hath been promised by His Majesty cause of Sorrow in that I cannot make further known His Majesties Pious Intentions You have called for a Free General Assembly His Majesty hath granted you one most Free on his part and in his intentions but as you have handled and marred the matter let God and the World judge whether the least shadow or footstep of Freedom can be discerned in this Assembly by any man who hath not given a Bill of Divorce both to his Understanding and Conscience With what wresting and wringing your last Protestation charges His Majesties last Gracious Proclamation in the point of Prelimitations is both known and misliked by many even of your own pretended Covenant but whether your Courses especially in the Elections of the Members of this Assembly be not onely Prelimitations of it but strong Bars against the Freedom of it nay utterly destructive both of the Name and Nature of a Free Assembly and unavoidably inducing upon it many and main Nullities will be made manifest to the whole World But His Majesties Sincere Intentions being to perform in a lawful Assembly all he hath promised in his Gracious Proclamation if you find out a way how these things may pass and be performed even in this Assembly such as it is and yet His Majesty not made to approve any way the Illegalities and Nullitiâ—s of it for satisfying all His Majesties good Subjects of the Reality of his Meaning I am by His Majesties special Command ready to doe it and content to advise with you how it may be done And after this he caused read His Majesties Concessions as they had been before proclaimed upon which he took Instruments that by producing and signing of them first his Majesties Intentions were made known next that in the producing and delivering of them the Lawfulness of the Assembly was not acknowledged After that he went on and discoursed against the Constitution of the Assembly in the following words But now I am sorry I can go on with you no more for the sad part is yet behind about Ruling-elders for neither Ruling-elders nor any Minister chosen Commissioner by Ruling-elders can have voice here because no such Election is warranted either by the Laws of this Church or Kingdom or by the practice or custom of either for even that little which appeareth to make for those Elders in the Book of Discipline hath at this time been broken by you there being more Lay-elders giving votes at every one of those Elections than there were Ministers contrary to the Book of Discipline as in Lanerick but eight Ministers and eighteen or nineteen Lay-elders and so in divers other Presbyteries and in every Presbytery when the Ministers upon the List were removed the remaining Elders exceeded far the remaining Ministers But say there were Law for those Lay-elders the interruption of the execution of that Law for above 40 years makes so strong a Prescription against it that without a new reviving of that Law by some new Order from the General Assembly it ought not again be put in practice for if His Majesty should put in practice and take the Penalties of any disused Laws without new intimations of them from Authority it would be thought by your selves very hard dealing To say nothing of that Office of Lay-elders it being unknown to the Scripture or Church of Christ for above 1500 years let the World judge whether those Laymen be fit to give Votes in inflicting the Censures of the Church especially that great and highest Censure of Excommunication none having power to cast out of the Church by that Censure but those who have power to admit into the Church by Baptism and whether all the Lay-elders here present at this Assembly be fit to judge of the high and deep Mysteries of Predestination of the Universality of Redemption of the Sufficiency of Grace given or not given to all men of the Resistibility of Grace of total and final Perseverance or Apostasie of the Saints of the Antilapsarian or Postlapsarian Opinion of Election and Reprobation all which they mean to ventilate if they do determine against the Arminian as they give out they will In many Presbyteries these Lay-elders disagreed in their Elections wholly or for the most part from the Ministers and carried it from them by number of Votes though in all reason the Ministers themselves should best know the abilities and fitness of their Brethren and this was done in the Presbyteries of
Duke of Hamilton c. LIB III. Of what passed after the Marquis laid down his Commission till July 1642. AND now I am come to a Period in the series of the Marquis his Publick Actings for this turn after which for some Years he continued at Court under the private Character of a Councellour much in His Majesties Favour The Marquis out of Publick Imployment it cannot be therefore expected that henceforth the Accounts of Scotish Affairs should be enlarged to the former Fulness since it is the Marquis his Story and not Scotland's that is undertaken to be written neither are the Materials so copious as to bear the Writer through all particulars were he so bold as to adventure on them Therefore all that shall be henceforth offered of Publick Affairs shall be onely to give the Reader such a clear prospect of the State of them that when the Marquis shall again appear in business his following Actions may hang together with his former yet the Writer will not so sullenly confine himself to a general Account but when any particulars occur wherein he is authentically informed he will truly represent them My Lord of Traquair waited upon His Majesty to Whitehall Traquair goes to Scotland whither the King came in the beginning of August and on the sixth his Commission was signed and himself dispatched to Scotland On his way he was ordered to deliver the following Letter from His Majesty to my Lord S. Andrews who was then at Newcastle in answer to an Address made by the Bishops to my Lord of Canterbury to get the Assembly prorogued It was penned by the Marquis as appears by the Brovillon of it yet extant and interlined in some places by my Lord of Canterbury CHARLES R. Right Trusty and Well-beloved Councellour and Reverend Father in God We greet you well YOur Letter and the rest of the Bishops sent by the Elect of Caithnes to my Lord of Canterbury hath been shown by him to Vs and after serious Consideration of the Contents thereof We have thought fit Our Self to return this Answer to you for Direction according to Our Promise which you are to coâ—municate to the rest of your Brethren We do in part approve of what you have advised concerning the Prorogating of the Assembly and Parliament and must acknowledge it to be grounded upon Reason enough were Reason only to be thought on in this Business but considering the present state of Our Affairs and what We have promised in the Articles of Pacification We may not as We conceive without great prejudice to Our Self and Service condescend thereunto wherefore We are resolved nay rather necessitated to hold the Assembly and Parliament at the time and place appointed And for that end We have nominated the Earl of Traquair Our Commissioner to whom We have given Instructions not only how to carry himself at the same but a Charge also to have a special care of your Lordships and those of the inferiour Clergy who have suffered for their Duty to God and Obedience to Our Commands And We doe hereby assure you that it shall be still one of Our chiefest Studies how to rectifie and establish the Government of that Church a-right and to repair your losses which We desire you to be most confident of As for your Meeting to treat of the Affairs of the Church We do not see at this time how that can be done for within Our Kingdom of Scotland We cannot promise you any place of Safety and in any other of Our Dominions We cannot hold it convenient all things considered wherefore We conceive that the best way will be for your Lordships to give in by way of Protestation or Remonstrance your Exceptions against this Assembly and Parliament to Our Commissioner which may be sent by any mean man so he be Trusty and deliver it at his entring into the Church but We would not have it to be either read or argued in this Meeting where nothing but Partiality is to be expected but to be represented to Vs by him which We promise to take so in consideration as becometh a Prince sensible of His Own Interest and Honour joined with the equity of your Desires and you may rest secure that though perhaps We may give way for the present to that which will be prejudicial both to the Church and Our Own Government yet We shall not leave thinking in time how to remedy both We must likewise intimate unto you that We are so far from conceiving it expedient for you or any of my Lords of the Clergy to be present at this Meeting as We doe absolutely discharge your going thither and for your Absence this shall be to you and every one of you a sufficient Warrant In the interim your best Course will be to remain in Our Kingdom of England till such time as you receive Our further Order where We shall provide for your Subsistence though not in that measure as We could Wish yet in such a way as you shall not be in want Thus you have Our Pleasure briefly signified unto you which We doubt not but you will take in good part you cannot but know that what We doe in this We are necessitated to So We bid you farewell Whitehall Aug. 6. 1639. This Letter being delivered to the Bishops by the Kings Commissioner they signed the following Declinatour and put it in his hands WHereas His Majesty out of His surpassing Goodness was pleased to indict another National Assembly The Bishops Declinatour of the Assembly for rectifying the present Disorders in the Church and repealing the Acts concluded in the late pretended Assembly at Glasgow against all right and reason charging and commanding us the Archbishops and Bishops of the Church of Scotland and others that have place therein to meet at Edinburgh the 12th of August instant in hopes that by a peaceable Treaty and Conference matters should have been brought to a wished Peace and Vnity and that now we perceive all these Hope 's disappointed the Authors of the present Schism and Division proceeding in their wonted courses of Wrong and Violence as hath appeared in their presumptuous Protestation against the said Indiction and in the business they have made throughout the Country for electing Ministers and Laicks of their Faction to make up the said Assembly whereby it is evident that the same or worse effects must needs ensue upon the present Meeting than were seen to follow the former We therefore the Vnder-subscribers for discharge of our Duties to God and to the Church committed to our Government under our Soveraign Lord the Kings Majesty Protest as in our former Declinatour as well for our Selves as in name of the Church of Scotland and so many as shall adhere to this our Protestation That the present pretended Assembly be holden and reputed null in Law as consisting and made up partly of Laical persons that have no Office in the Church of God partly of refractory
can befall me And for your further satisfaction know that nothing can grieve me more in this World than to be sent in any Hostile manner against my Friends Kindred and Country where at the best though I may merit something from His Majesty to whose Goodness I owe much besides the Duty of a Subject yet I shall never be called other than the Destroyer of them and what cause of Sorrow this will be to a kind-hearted Scotsh-man I leave to you to judge Therefore I assure you that if either my Industry Intreaties nay Prayers prevail no such Charge will be imposed on me my inclinations having always led me in this rather to follow your Advice and absent my self in case things come to the worst than to accept of that Employment though I must tell you it may bring along with it His Majesties Displeasure and so consequently certain Ruine Yet I do intend to put that to the hazard and if it happen I will have the Vanity to say it will neither prove advantageous to the Country nor to those in it who once did me the Honour to esteem me their Friend To conclude this point consider if a Navy come probably I must be miserable for what can I gain by it if employed a Discontented Life ever hereafter If the King should impose the Charge on me and I refuse it what the better would you be an abler would be employed in it and I need never look for His Majesties Favour thereafter after and without that in his Kingdom will I never live If I had no other Reasons but these but I could write you fourty more consider if I have not cause to endeavour Peace and believe me I will do it For the Danger that His Majesty will run if he enter into this War I do acknowledge with you it may be great but that certain Ruine must follow I cannot confess yet I must say that his Gain will be but small when he hath gâ—â— that by Force which is his or ought to be his already but what remedy He conceiveth a Kingdom to be lost and two will be hazarded to regain that if they continue in the Course they are in For the Assistance you mention God hath provided for you elsewhere that is conceived to be used as an argument to fright us For from whence can it come From a Party in England Trust not to that nor give credit to a few Factious Spirits with whom perhaps Correspondence may be kept From France Reason and the knowledge of their Affairs make us confident that no great matter can come from thence Reason for they will not assist the Rebels for so you will be called of a King for examples sake and the necessity of their Affairs for we know they have enough to do elsewhere From Sweden Though they perhaps be willing yet it is known they have not men to do it in these Parts From Holland The Body of that Estate hath by their Publick Ministers disallowed your Actions and hath given assurance that they will be far from either giving Countenance or Assistance to you what private men may doe by way of Stealth is little regarded or to be esteemed Thus I freely write what is thought of the Assistance you are like to get from abroad of which Opinion I shall still be unless you can make it more clearly appear therefore I will use the old Proverb to you Beware that your stout Hearts make not your Heads dry a Gutter and make you neglect the receiving of His Majesties Pleasure with all thankful Obedience which for any thing I know nay I durst Swear will be no other than stands with the true Protestant Religion and the Laws of the Kingdom What pity is it then that these mistakes should continue but how much more will it be that they should encrease to a Bloody War If all amongst you would rightly consider what true Religion and Piety is and lay that only before their Eyes there are yet not only good hopes but certain assurances of a peaceable Conclusion of those unhappy Troubles and as you have advised me so let me you which perhaps may be the last time that on this Subject I shall write to you endeavour Peace which if gained the effusion of much Christian Blood will be saved the Country preserved Scotsh-men esteemed Valiant Iust and Loyal not only in this Kingdom but through all Europe and no man happier than Your now much troubled and affectionate Brother HAMILTON POSTSCRIPT For Answer to your Postscript I am not in dispair but to bring it to a good pass if your own carriage do not marre it for His Majesty is content to sign the Signature but iâ— is to remain in my hands and not to be delivered except your Carriage do deserve it as well as Crawfords who knows not as yet how far His Majesty hath condescended This Letter is not fit to be long keeped therefore it will not be amiss it be burnt Let me hear from you with the first occasion and thereafter I care not how seldom if matters come to the worst Since the writing of this the Letter which Rothes wrote to the Chamberlain by Dumfermline was this day publickly read at Council-board His Majesty being present it hath produced contrary effects to what I believe he expected for not only doth the Chamberlain swear that there is not one true word in it but hath beseeched His Majâ—sty that Rothes may be called to an account for the traducing of him in so high a nature to use his own words nay to make him if it were in his Power appear to be a greater Traytor than himself In a word the whole Table was much scandalized with the Letter and no wayes satisfied with the Writer of it even though it had been all as he expressed I profess I have loved Rothes and am sorry when any misfortune befalls him and likewise I thought fit to mention this that you may see what those of this Country will doe when it comes to an issue therefore I hope not only he but the whole Country will take example by this and grow wise while there is time This Letter he carried to the King and at the end of that Copy he retained yet extant His Majesty with his own hand wrote I have perused this Letter and have not only permitted but commanded that it should be sent CHARLES R. Whitehall 2 March 1639. This is set down to shew what his Correspondence with his nearest Friends was and how warranted by His Majesty But that the Reader may not be wholly in the dark about the Grounds of this Confidence the Covenanters had The Grounds of the Covenanters Confidence I shall set down what I had from some Persons of great Honour who were fully informed about it When the Earls of Dumfermline and Lowdon came to London a Person of Quality of the English Nation whose Name is supprest because of the Infamy of this Action
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
Instructions and of full and ample Power from His Majesty He having fully signified His Pleasure to those whom He did entrust with the executing thereof not thinking it fit to imploy other Servants of greater Eminence by reason of the disorders and iniquities of the Times and as forced by the importance of his other great and weighty Affairs He was necessitated to prorogue the Parliament for some few days so did He most really intend to perform at the time prefixed whatsoever He had promised by the Act of Pacification But neither can the neglect of His Servants if any be nor those other Reasons alledged by the foresaid Noblemen Barons and Burgesses in their Declaration for their Sitting satisfie His Majesty for their proceeding in a Parliamentary way since by the Duty and Allegeance of Subjects they are bound to acknowledge in a most special manner His Transcendent Power in Parliaments and if Subjects there do assume the Power of Making Laws and of Rescinding those already made what Act can be done more derogatory to that Regal Power and Authority we are all sworn to maintain Therefore His Majesty conceives they cannot in reason expect He can interpose His Royal Authority to these or any other Acts whatsoever whereto neither He in His own Royal Person nor by His Commissioner did assist Yet such is His Majesties Clemency that when they shall take such an Humble and Dutiful way as may witness that they are as careful and tender of His Majesties Royal Power as they are desirous of His Approbation then shall it be time for them to expect such a Gracious and Iust Answer as may testifie His Majesties Fatherly Compassion of that His Native Kingdom and his Pious and Princely care of performing whatsoever is necessary for establishing their Religion and Laws So thus having imparted unto you all that was enjoyned me by His Majesty I shall say no more from my self but I am Your Lordships humble Servant LANERICK Whitehall 27th of June 1640. My Lord Lowdon found matters at so great a height that he was able to do little more than give intelligence that he delivered the Letter to the Lords at Edinburgh who returned to it the following Answer My Lord The Reply of the Committee WE received your Lordships Letter of the 27th of June from the Lord Lowdon whose relief out of Prison gives us occasion before we answer your Lordships Letter to acknowledge the same as an act of His Majesties Royal Iustice and Goodness although the pretended cause of his Imprisonment was but a malicious Calumny of the Enemies of the Kings Honour and our Peace forged to engage both His Majesties Kingdoms in a National War As we cannot but regrate that any neglect of His Majesties Officers or absence of His Commissioner whose presence we did both desire and expect should hinder the interposing of His Royal Authority to these Acts of Parliament which were found most necessary for establishing Religion and the Peace of this Kingdom and which according to the Acts of Pacification His Majesty was graciously pleased to promise so we have and shall still endeavour to give demonstration of that tender Respect we have of His Majesties Honour and Royal Power And whereas your Lordships Letter doth imply that we should take some other way for the more easie obtaining His Majesties Approbation which also by several reasons hath been most instantly pressed by the Lord Lowdon yet we conceive that Parliamentary way which was taken by the Estates convened by His Majesties Special Warrant to have been most Legal and necessary and no ways derogatory to His Majesties Power in Parliament nor contrary to the Duty of good Subjects who are warranted by the Articles of Pacification under His Majesties Hand to determine all Civil questions ratifie the Conclusions of the Assembly and remove the present Distractions of this Kingdom as is more abundantly demonstrated by their Declaration in Parliament thereabout So that we dare not take any other Course which may entrench upon their Parliamentary Power or Proceedings nor will we being so few in number appointed by them to stay here presume of our selves in a matter of so great moment to return a more full and particular Answer till there be a more frequent Meeting of those appointed by Parliament which will be shortly and then your Lordship shall be acquainted that you may shew His Majesty their Resolutions and humble Desires and we shall remain Your Lordships affectionate Friends and Servants Signed Lindsay Balmerino Burghly Napier J. Murray G. Dundas Ja. Sword J. Forbes Ed. Eggar Edinburgh 7th of July 1640. They went on with their Preparations The Preparations are great in Scotland and caused all to bring in the tenth Peny of their Rents to make this War look like a Sacred one since carried on by the Tithes and ordered their Forces to be drawn together Mean while the King went on at as good a pace as he could and went from London in the end of Iuly to make his Rendezvous at York The Earl of Strafford staid some time behind partly for Sickness partly to see what Money could be borrowed from London and at this time there were great and high Misunderstandings between him and Sir Henry Vane both making their Complaints to the Marquis by their Letters Strafford was also to bring an Army out of Ireland upon the West of Scotland whereupon they in Scotland drew their Forces together in the end of August and resolved to march into England and make that the Seat of the War pretending as by their Declaration then emitted doth appear that their Trade was block't up by English Ships that in England and Ireland Scotishmen were proceeded against for taking the Covenant and the English Council had voted a War with them wherefore they said they were constrained to go into England with their Petitions declaring they came not to invade England but to avert the Invasion of their Country that was designed adding that they should be so far from doing prejudice to any in England that severe Justice should be executed upon those who took any thing in England without payment And about this time Ruthwen being for many months block't up in the Castle of Edinburgh so that Victuals and Ammunition were spent his Water also failed and most of his Souldiers died was forced to Capitulate and render up the Castle of the Covenanters But not to stand too long on matters universally known as soon as they entred England The Scotish Army enters England the King by Proclamation declared them Traytors on the 22th of August yet they went on and when they came to the Ford of Tine at Newburn some miles above Newcastle they found it guarded by a Body of Foot who had raised a Brest-work near the River and lay there to obstruct their passage Yet no sooner did the Scottish Cannon begin to play but they struck with Fear threw down their Arms and run away whereupon the General
to Scotish business yet I judged it a crime to let any of the Reliques of that Princes Pen perish How it came into the Marquis his hand I know not it is an Answer to a Remonstrance sent to the King by the Two Houses at Westminster in the end of this year I Having taken to my serious Consideration the late Remonstrance made to me by Both Houses of Parliament do make this Answer I take in good part your care for the Preservation of the true Religion established in this Kingdom from which I will never depart as also for your tenderness of my own Safety and security of this State and Government It is against my mind that Popery or Superstition should any way increase within this Kingdom and I will restrain the same by causing the Laws be put in due execution I resolve likewise to provide against the dangers of Iesuites and Priests setting forth a Proclamation with all speed commanding them to depart the Kingdom within one month whereof if they fail or shall return then they shall be proceeded withall according to the Laws Concerning Rosettie you must understand that my Wife hath always assured me that to her knowledge he hath no Commission but only to entertain a persâ—nal Correspondence betwixt Her and the Pope of things requisite for the exercise of Her Religion which is warranted to Her by the Articles of Our Marriage which give Her a full Liberty of Conscience yet I have so perswaded Her that since the misunderstanding of this person's Condition gives offence She will within a convenient time remove him Moreover I will take special care to restrain my Subjects from resorting to Mass at Denmark-house St. Jame 's and the Chappels of Ambassadours Lastly concerning John Goodman the Priest you must know the reason why I reprieved him is that as I am informed neither Queen Elizabeth nor my Father did ever avow that any Priests in their times were executed meerly for Religion which to me seems to be this particular case yet seeing that I am pressed by Both Houses to give way to his Execution because I will avoid the inconvenience of giving so great a discontentment to my People as I perceive this Mercy may produce I remit this particular Cause to Both Houses but I desire you to take into your serious Considerations the inconveniences which as I conceive may upon this occasion fall upon my Subjects and other Protestants abroad especially since it may seem to other States to be a Severity with surprize which I having thus represented to you think my Self discharged from all ill consequences that may ensue upon the Execution of this person Anno 1641. THe Marquis notwithstandiâ—g all the malice he knew some of his Country-men bore him did not slacken his endeavours to bring things to a final Settlement An. 1641. and the high language which was now spoken at Westminster furnished him with too strong Reasons for enforcing the necessity of agreeing with the Covenanters The King yields to all the Demands of the Covenanters At length the King weary of contending so much resolved to yield to most of their Demands For the first of publishing their Acts though it was contrary to the practice of Scotland to hold a Session of Parliament unless the King were present by himself or his Commissioner yet it was represented that was but a point of Form for as they Sate by the Kings Summons so they did not pretend their Votes were Laws without the Kings Ratification and their Sitting in this manner though disorderly could not be so derogatory to the Kings Authority as at first view appeared since it was the constant practice of the Two Houses in England to Sit and Vote in the Kings absence The King was willing all these Acts should be of new voted promising his Royal Assent to them but they were stiff and the King yielded For the Reparation of Losses the King remitted them to the Two Houses who considered their Accompts and gave them a large Brotherly Assistance For the disposal of the Castles the election of the Councellours Officers of State and Judges which the Covenanters desired should be done with Advice of Parliament they went very harshly down with the King But they alledged divers old Laws for their Demands which seemed now necessary to he revived since His Majesty was so seldom in Scotland The Kings great apprehension of this was that it would give a Copy to England for making the like Demands to which it was answered that the Kings residence in England made the case to differ vastly the Scotish Lords engaging upon their Honour to declare in case the Two Houses should make the like Demands they were unreasonable in so doing In a Word the King granted all they demanded only he thought it unjust and unreasonable to grant an Indempnity to the other Party and let his Friends be secluded from it wherefore he pressed nothing so earnestly as that the Oblivion might be without exception and the List of those who were summoned upon the pretence of being Incendiaries was so great that he thought to abandon so many of his Faithful Servants to the violence of the Times was so dishonourable that he could not answer for it neither to God nor man The Covenanters to yield somewhat reduced their great number to five persons who were the Earl of Traquair the Bishop of Ross Sir Robert Spotswood Sir Iohn Hay and Doctor Balcanquell but the King thought he could not yield to that Demand were there but one excepted and told them that though he had better Grounds to pursue some of themselves as Incendiaries yet being willing to dispense with these his Resentments he had reason to expect the same Condescendency from them But they pretended their Bond and Oath for prosecuting of them and though it was told them that an ill Oath was worse kept yet they were stiff and the temper found was that their Processes should go on but their Censure should be remitted to the King and that the Scots should be satisfied with his Assurance that he should imploy them no more in Scotish Affairs without consent of Parliament And thus all things were agreed on and His Majesty determined to go in Person to Scotland to settle matters there but at this time the Scotish Commissioners began to Cabal with the Male-contents in the Two Houses and in particular concurred with them in the pursuit of the Earl of Strafford The Friendship betwixt the Marquis and that Gallant man had been great and intire and as his Testimony in those matters about which he was examined was among the Evidences Strafford had in his Defences so his Confidence in the Marquis did appear by the following handsome Letter he wrote to him a few days before his Death May it please your Lordship HItherto I judged it not fit to endanger your Lordship by any Intelligence betwixt us which might have turned much to your prejudice in a time when
all so that no clear Proof being brought the Parliament could come to no other Decision but that the Lords had good reason to withdraw themselves and so they were invited to return to their place in Parliament But he is again in His Majesties favour This was a tedious business and put a great stop to the Settlement betwixt the King and the Nation but further Particularities are thought needless to be set down since this Matter vanished no effect following on it The Marquis quickly recovered his former â—oom in the Kings Affection so that there remained not so much as a vestige of this cross Adventure Things in Scotland took presently a Settlement and those were called Plotters and Banders after examination and a delivering up of their Bond which was burnt by the hand of the Common Hangman were set at Liberty after some time of further Restraint but the Process of the alledged Incendiaries was to go on yet they were to enjoy their Liberty and undergo no other Censure but the loss of Publick Imployment which though yielded at London was long resisted in Scotland they pretending their Oath to bring them to condign Punishment But as the King was going on with the Settlement of one Kingdom The Rebellion breaks out in Ireland he got the saddest News that ever were heard out of Ireland of the desperate Rebellion and Massacre had broken out there whereupon His Majesty recommended to the Parliament of Scotland the Relief of his oppressed Protestant Subjects in Ireland which they undertook very willingly But because of the interest England had in Ireland Commissioners were appointed to Treat with the Parliament of England for Concluding a Peace betwixt the two Nations and Settling of Trade and particularly about the Terms upon which they should engage in the War of Ireland and so about the middle of November the King having granted to the Scotish Nation all they could demand ended the Parliament there and returned to London about the end of that month But before the Marquis left Scotland he by the Kings particular Command entred in a close Friendship with Argyle considering that besides the great Power of that Family his Interest with the Clergy and Covenanters was such that none could be so useful to His Majesties Service as he And this Friendship was to be twisted closer by a Bond of a near Alliance betwixt their Children But from all the Letters that passed betwixt them yet to be seen it is as clear as can be that all the Marquis his design in this Friendship was for the Kings Service and that all that time Argyle expressed a hearty concurrence in it To gratifie the Covenanters the more the King had created him a Marquis Lowdon was also made Chancellor Lesley Earl of Leven and Lindsay put in a fair way to be Treasurer Traquair being turned out The King at his return to London The King returns to London where he finds matters worse found the Edge he had left on some of their spirits was no way blunted but growing into more sharpness When the Marquis was in Scotland a Member of the House of Commons laying out their Grievances among other things inveighed against Monopolies and spoke so plainly that all understood he meant the Marquis as a Person that deserved to be accused as well as either Strafford or Canterbury but others of that same Cabal took him up sharply And now upon the Kings return his Enemies finding their designs against him could not take with the King in whose Favour he was as much as ever they took a strange Course to destroy him which was to set on some Members of the House of Commons to accuse him as the Incendiary betwixt England and Scotland who had engaged England into all that Expence who had also invited the Scots to march into England and had been always the third in Strafford's and Canterburie's Counsels who had advised the Dissolving of the former Parliament and had oppressed the Subjects by the grants of many Monopolies which he had This was smelled out even by some of the same Cabal who perswaded their Friends to desist shewing them That for his Carriage betwixt England and Scotland an Oblivion was passed in the late Treaty which was ratified by the Parliament of England That for other things though his Engagement in the Court had carried him along to some extreme Counsels yet they said it was well enough known how moderate his Inclinations were how great an Instrument he had been in the late Settlement of Scotland and how much he was hated upon that account and that this was a design to destroy him either out of malice or because some feared his moderate Counsels in England as much as they hated them in Scotland This seems to have flowed from the Friendship which divers of the Leaders in the House of Peers had for him whom he had often obliged and as they were not unsensible nor forgetful of his good Offices so they seem to have had a particular kindness for his Person And while he was in Scotland he kept Correspondence with Mandevil Essex and others and chiefly with the Lord Say and Seale but all their Letters shew that his greatest business with them was to prepare them to a better Correspondence with the King But when the Marquis smelled out the design against him he gave the King an account of it and told him that if His Majesty intended to go on in his Affairs in a Kingly way he would wait on his Commands and expose himself to the displeasure of the House of Commons but if His Majesty intended to settle Matters by an absolute Compliance with the Parliament then he conceived it was fit that his Servants should use their endeavours for their own Preservation that so they might be afterwards useful to his Service yet he said he would do nothing for himself but by His Majesties Allowance and Direction being it is like taught more caution by the Jealousies had been taken from his care of vindicating himself in the Parliament of Scotland The King upon this allowed him to use all means for his own Preservation which he so managed that the designed Accusation came to nothing This particâ—lar His Sacred Majesty vouchsafed to tell the Writter adding that he had it from the Queen His Mother Anno 1642. An. 1642. THe Tumults and Disorders about Whitehall and Westminster rose to that height that the King withdrew to Windsor in the beginning of the year The Scotch Commissioners continued Treating about their engaging for Ireland The Sâ—ots Commissioners animate the Houses to press the change of the Laws about Church-Government which the King pressed forward very earnestly but some of the Commissioners begun to tamper with those who were most opposite to the Court in the Two Houses and in stead of Moderating them were instigating them to persist in their Demands about Religion to get Episcopacy brought down and Presbytery set up To
sent to Scotland to inform them of all had passed betwixt him and the Two Houses whose account of the state he found things in follows in a Letter to my Lord Lanerick My much honoured Lord who informs about the State of Affairs there WHen I arrived here your Brother was in Argyle but upon knowledge of my coming came himself and brought that Marquis with him to Hamilton whither the Chancellor went likewise and there I attended all three I found them with the same Affections and Desires your Lordship left in them but as they conceive not so able to Act as they were then They apprehend the Parliament of England will be much higher in their Demands than at that time as understanding now both the Kings Power and their own which were then but upon forming and promised a greater Equality The Kings two Messages to the Parliament have likewise so discredited His Majesties Affairs in this Country that they fear many forward enough before will now unwillingly engage in any way which may displease the Parliament yet they are resolved to do their best and I believe say little less in this inclosed Letter signed by all three His Majesty must expect in point of Religion to be prest for Vniformity in Church-Government and if His Majesty may be moved to publish some handsome Declaration satisfactory in that point it would infinitely advance all his Affairs in this Country and from hence have a powerful influence upon that The Parliament hath gained much here by their last Vote and there is a very fine Answer expected to their last Message sent by the Lord Maitland which will extraordinarily confirm the former Correspondence if the King do not something plausible in the same kind timeously and unconstrained the two Kingdoms will shut upon him in despight of what his best Servants can do Here is no Order for publishing His Majesties Declarations and great care taken to the contrary which occasions great prejudication in the common Peoples minds and were very fit to be amended I am looked upon here with great Iealousie yet it lessens because they see I am not busie I am advised by your Brother and the rest for avoiding of suspicion to go up to Court which having dispatched some particular business I have of my own I am resolved to do They have entrusted me with these particular Queries of which they desire His Majesties Resolution if your Lordship find opportunity you may acquaint His Majesty with them They desire likewise your Lordship may be sent down with a Letter to the Commissioners full of Confidence and allowing them all Freedom in their Consultations In respect of this great Meeting your Brother cannot make his Iourney to Holland no Act of that nature being now to be done their Opinion and Authority not consulted but I find them all right set in the thing and truly so respective to the Queens Person it did my Heart good to hear them All the Lords Conservators which are with you will receive Summons but it is not desired they should come down and truly I believe their Presence will do more hurt than good I must intreat your Lordship to acquaint His Majesty with these Particulars to receive his further Commands and convey them to My Lord Your Lordships faithful humble Servant M. MVRRAY Edinburgh 10th Sept. 1642. POSTSCRIPT The King must send to New-Castle Directions concerning his Ships for their Victuals are quite spent my poor opinion is they should be sent to Holland where they may be safer and attend the Queen What the Queries mentioned in this Letter were appears not to the Writer but for the Letters and Declarations the King sent to Scotland they are all of one strain and because the clearest and fullest was sent the next Summer I shall refer all to that which shall be set down in its proper place Only I have here inserted an account of the Kings Affairs with the Two Houses written by Lanerick to one in Scotland whose Name I find not set down but believe it was to Mr. Murray and corrected with His Majesties Pen in some places SIR AS you desired me I moved His Majesty for a Copy of the last Message to the Houses of Parliament which you will herewith receive An account oâ— Affairs in England His Majesty hath not as yet had any Answer from them but we are informed here His Messengers have been far otherwise received than he expected since they were the Carriers of so good a Message for the Earl of South-Hampton a better Poster than the Earl of Dorset came to the House upon Saturday last and as he was going to take his place he was called to to withdraw He said he had a Message to deliver them from His Majesty but received no other Answer than still a Command to withdraw which at last he obeyed then they sent the Black Rod to him requiring him to send the Message to them by him which he refused having Commands to deliver the Message himself to the House But they again pressed it yet he still refused at last they declared that if any Evil did arise from the not delivering of his Message they were free of it whereupon he sent it to them by Mr. Maxwell to which he received no other Answer than their absolute Command immediately to remove from Town The House of Commons were something more favourable to Sir John Culpeper who after some Debate was admitted into the House though not to his Place but as I am informed delivered his Message at the Bar and thereafter was commanded to withdraw It was then taken into Consideration whether or not he should any more be admitted as a Member of that House which was voted in his favours so that it is like their Answer will be returned by him which I hear will only be to let His Majesty know that so long as his Proclamations are out against the Earl of Essex and such others their Adherents of whom they account themselves to be as Traytors and the Standard up for raising of Men to suppress them they account themselves as out of His Majesties Protection and so incapable to Treat By this the World will see whether His Majesty or they be the occasion of this War and of all the Blood which is like to be shed in this unfortunate Kingdom His Majesty hath left no means of Accommodation unessayed for he hath even descended to make the first Offer of a new Treaty so careful is He of His Subjects Lives that for their Safeties He is even prodigal of His Own Honour and certainly he hath not a Subject that hath Honour but will be sensible of the Extremities he is now reduced into I wish our Countrymen may take it so to heart as not to neglect this occasion of witnessing their Affections to His Majesty by making some Overtures for such a Treaty or offer of their Service to Him since His Majesty is absolutely resolved to send no
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
may be had and He and all His Subjects may discern what is to be left or brought in as well as what taken away He knows not how to consent to an Alteration otherwise than to such an Act for tâ—e ease of Tender Consciences in the matter of Ceremonies as His Majesty hath often offered And His Majesty hath formerly expressed Himself and still continues willing that the Debates of Religion may be entred into by a Synod of Learned and Godly Divines to be regularly câ—osen according to the Laws and Customs of this Kingdom to which end His Majesty will be very willing that some Learned Divines of the Kirk of Scotland may be likewise sent to be present and offer their Reasons and Opinions This was the Success of that Negotiation but because the Reader may wonder how Lowdon and the Marquis came to be in such terms I shall set down the occasion of their Breach When Lowdon was to go up the Marquis resolved on a Course that should either stop his Journey or make him so obnoxious to the King that he should not dare to act contrary to his Duty which was this Lowdon had purchased from the King a Right to the Annuities of the Tythes that was confirmed to His Majesty by Act of Parliament whereupon the Marquis caused the following Petition to be drawn by Traquair's Advice To the Kings most Excellent Majesty the Humble Petition of the Noblemen Barons and Gentlemen occasionally met at Edinburgh Humbly Sheweth THat whereas Your Majesty at Your late being in Scotland being humbly moved to disburden and liberate the Subjects of this Kingdom of the Annuity due to Your Majesty out of the Tythes The Petition against the Annuities were pleased in that only Particular to delay to give us our Hearts desire and now out of the sense of the great Burdens that lye on us and in Confidence of the Continuance of Your Majesties Fatherly Care of the Good of Your Subjects we presume humbly to supplicate Your Majesty to be Graciously pleased in this Particular to dispense with Your Own Benefit or at least till Your Majesty be informed of the true state thereof to discharge Execution against us for the said Annuities And for Your Majesties incomparable Goodness and Gracious Favours we shall as in duty bound behave our selves in every thing as becometh Loyal and Faithful Subjects As we have unanimously endeavoured so shall we still continue to return such thankâ—ul Acknowledgment as may give to Your Majesty a real Testimony of our zealous Affections to Your Majesties Sacred Person Honour and Greatness derived upon Your Majesty by so many unparalelled Descents and as Your Majesty may expect and justly challenge from the Allegiance of us Your Majesties most obedient and obliged Subjects 16th February 1643. The last words of this Petition were by the first draught so conceived as would have amounted to a Bond of Mutual Defence and Adherence which the Marquis thought might draw on a Rupture and occasion a pursute as against Plotters therefore since this Paper was to be avowed and publick he judged such Expressions as were smooth and general were fittest for their Design This Petition was signed by him and a great many of the Nobility he also sent it up and down all the places where he or his Friends had Interest to get Subscriptions to it This was generally lookt upon as a well-couched Bond both by such as took it and those who refused it and yet this smoothing of the Expressions of it was represented by the Marquis's Enemies as done in prejudice to the Kings Service These Petitions were sent immediately to the King upon which great Complaints were made as if by these immediate Addresses the Judicatories of Scotland had been neglected but the King justified that part of it in an Answer he wrote to the Council and for the thing it self he resolved to keep Lowdon under the fear of it and therefore delayed to make any Answer In the end of February Her Majesty landed at Burlingtown whither the Earl of Montrose went to represent to Her the hazard of a new Rebellion in Scotland The Queen lands in England and Montrose waits on Her and offers his Service and that the only way to prevent it was to take the start of them before they were ready and with a great deal of forwardness offered his Service in that Design adding that he had great Assurances of a considerable Party who he knew would own the Kings Quarrel but he did not condescend on the particular way of prosecuting it so that the Queen was not satisfied of his being able to effectuate what he undertook Mean-while the Marquis hearing of Her Majesties Landing went to wait on Her to whom She proposed the Earl of Montrose's Offer but he studied by all means to divert Her from listning to it upon the following Grounds The King had settled a Treaty with Scotland The Marquis goeâ— to Her and disâ—wades the precipitating a Rupture with Scotland and till that were violated on their part he knew His Majesty would never consent to a Rupture on his part and the King had so often and so lately in his Letters and Declarations protested he was resolved unalterably to adhere to the late Settlement that if he should now authorize the first Breach it would bring an indelible stain upon his Honour and create a perpetual Difâ—idence in his Subjects of all his Concessions and Assurances He confâ—ssed he had great Fears of Scotland and therefore would undertake for nothing but his own Faithfulness and Diligence yet he hoped to get things kept in Agitation all that Summer so that for that Year there should not be a Scotish Army in England But that was the utmost of his Hopes yet it was much fitter to spin out things as long as could be than to precipitate them by an over-hasty Rupture besides he could not see how any Hopes could be conceived from that design of Force There was never a Castle nor Strength in Scotland in the Kings Power to which they might retire The Vulgar were still at the Ministers devotion and by late and fresh experience they saw them all as one man resolved to die in the Defence of the Covenant and any handful of Gentry could be gathered together would signifie nothing but to expose their own Throats to their Enemies Rage and the Kings Authority to their Hatred and Scorn so there remained no hopes but in the Highland-men which he accounted as good as none Their two chief Heads where the Marquisâ—es of Huntley and Argyle the former was not to be much rested on being unable to do what so brisk an Undertaking required and they knew well what to expect from the other Besides any Companies could be brought down from the High-lands might do well enough for a while but no Order could be expected from them for assoon as they were loaded with Plunder and Spoil they would run away home to their
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
way and with such hope of Success as may give satisfaction to Your Majesty serve for the good of this Your Majesties Kingdom and as may make us answerable to the Trust committed to us by Your Majesties Parliament We have been constrained to crave the advice and resolution of a Convention of the Estates to meet June 22th which as according to the obligation and duty of our Places we are bound to shew Your Majesty so do we humbly intreat that against the Time agreed upon by Common Consent Your Majesty may be Graciously pleased to acquaint us with Your Pleasure and Commandments that Matters may be so determined as may most serve for the Honour of God Your Majesties Service and Well of Your Kingdomes which now is and ever shall be the earnest desire and constant endeavour of Your Majesties faithful and humble Subjects and Servants Lowdon Cancellarius Leven Argyle Cassilis Dalhousy Lauderdale Balmerino Yester Burghley Balcarres Gibson-Dury T. Myrton Tho. Hope A. Johnstoun T. Hepburne J. Hamilton J. Home T. Wauchop T. Raffrerland T. Bruce J. Smith Edward Edgar J. Binny W. Glendoning Hugh Kennedy G. Gourdon Edinburgh 12th May 1643. Three dayes after this came the Lords who were sent down who being all met Lanerick delivered the following Instructions from His Majesty CHARLES R. Instructions to Our Right Trusty and Well-beloved Cousins and Councellours Iames Marquis of Hamilton William Earl of Glencairn Robert Earl of Roxburgh George Earl of Kinnoule David Earl of Southesk William Earl of Lanerick Instructions for the Lords that were trusted by His Majesty THat you endeavour by all fair and lawful Means to prevent Division among Our Subjects in Scotland That you give all the Assurances in Our Name which can be desired of Our Resolution to preserve inviolably the Government of that Kingdom as it is now established by Assemblies and Parliaments That you take what Courses you shall think most fit for causing Print and Publish either in Scotland or at York Our Declaration which We now send with you to that Our Kingdome and all such other Papers as We shall hereafter send thither or which you shall conceive may conduce to the good of Our Service and for that purpose make use of such Blanks as We have thought fit to entrust you with That seeing We perceived by Pickering's Letters Our Two Houses of Parliament intend to send Commissioners or Agents to Scotland you shall endeavour by all fair Means to hinder any of Our Iudicatories to Treat with them and for that purpose make use of any of the foresaid Blanks That seeing We conceive it would exceedingly conduce to the good of Our Service that the Lords of Session would explain the Commission granted by Vs and Our Parliament to the Conservatours of the Treaty you shall for that purpose likewise make use of the foresaid Blanks either to them all in general or to such of them in particular as you shall think most fit That you endeavour to hinder the liberty which possibly Ministers may take to themselves in the Pulpits of Censuring Our Actions or stirring up the People against Vs and to that purpose make use of the said Blanks to the Council or Commissioners of the Assembly as you shall think necessary That in case you apprehend any danger to Our Service from the Return of the Scotish Army in Ireland you shall declare Our readiness to contribute any thing which is in Our Power for the Maintenance thereof even to the Engaging of our Revenues in Scotland for raising Moneys to be so imployed and to that end you shall make use of the foresaid Blanks If you shall find it necessary you shall likewise make use of some of the Blanks to the Council declaring expresly Our Pleasure That that Army shall not be recalled until We be acquainted therewith and to the Earl of Leven discharging him to obey any Orders whatsoever for that end until he know Our further Pleasure If you shall find it necessary you shall make use of some Blanks to Our Council recalling all former Commissions which have been granted for Levying and Transporting of Men out of that Kingdom over to France or Holland You shall make use of these Blanks to some of Our Council and Exchequer for discharging the Arrears and disposing a plenary Right of the Annuities to those particular persons that have Petitioned Vs thereabout and to surcease all execution against all others until the 31th day of August next You shall make use of these Blanks to such of Our Council and others as you shall find fit for encouraging them to attend the Meetings of Our Council and to continue the Testimonies of their Affection to Our Service with assurance of Our Resentment thereof We do hereby authorize Our Secretary the Earl of Lanerick by your Advices to fill up these Blanks and to Sign them with Our Court-Signet and for his and your so doing this shall be your Warrant C. R. From Oxford the 21th April 1643. Besides this Lanerick told that it was the Kings positive Pleasure that the first Breach should not come from his Party but they should draw out things as long as was possible before they hazarded on a Rupture As for the Kings Declaration the first draught whereof is extant marked and corrected by the Kings Hand it being so home and clear though very long I shall not contract it but set it down at length His Majesties Declaration to all his loving Subjects in His Kingdom of Scotland CHARLES R. AS there hath been no mean left unattempted which the malice and wit of Rebellion could devise to infect and poyson the Affections and Loyalty of Our good Subjects of Our Kingdom of England and to withdraw their Hearts from Vs by the most pernicious and desperate Calumnies that could be invented to under-value and lessen Our Reputation with Foreign Princes by Injuries and Affronts upon their Publick Ministers and by presuming to send Agents qualified for Negotiation without Our Consent and in truth to expose Vs and Our Royal Authority to Scorn and Contempt by assuming a Power over Vs so the pernicious Contrivers of these bloody Distempers have not delighted in any Art more than in that by which they have hoped to stir up Our good Subjects of that Our Native Kingdome of Scotland to joyn with them and to infuse in them a jealousie and disesteem of Our true Affection and Our Gracious Intentions towards that Nation To this purpose they have used great Industry to convey into that Our Kingdom and to scatter and disperse there divers Seditious Pamphlets framed and contrived against Our Person and Government and have sent Agents of their own to reside there and to promote their Designs one of whom lately resident there one Pickering by his Letters of the 9th of January to Mr. Pym assures him of the Concurrence of that Kingdom and that the Ministers in their Pulpits do in downright terms press the Taking up of Arms and in another
of his Letters to Sir John Clotworthy sayes that the Trumpet sounded to the Battel and all cryed Arm Arm with many other bold scandalous and seditious Passages very derogatory from the Duty and Affection which We are most confident Our good Subjects of that Our Native Kingdom bear to Vs. To this purpose they traduce Vs with raising and making War against Our Parliament of having an Army of Papists and favouring that Religion of endeavouring to take away the Liberty and Property of Our Subjects and upon these grounds they have presumed by a Publick Declaration to invite Our good Subjects of Our Kingdom of Scotland to joyn with them and to take up Arms against Vs their Natural Liege Lord. Lastly to this purpose they endeavour as well in Publick as by secret Insinuations to beget an apprehension in them that if We prevail so far here as by the blessing of God to preserve Our self from the Ruine they have designed to Vs the same will have a dangerous influence upon that Our Kingdom of Scotland and the Peace established there and that Our good Laws lately established by Vs for the Happiness and Welfare of that Our Native Kingdom will be no longer observed and maintained by Vs than the same Necessity which they say extorted them from Vs hangs upon Vs but that We will turn all our Forces against them a Calumny so groundlesly and impiously raised that if We were in any degree conscious to Our Self of such wicked Intentions We should not only not expect a dutiful Sense in that Our Native Kingdom of Our Sufferings but should think Our Selves unworthy of so great Blessings and eminent Protection as We have received from the hands of the Almighty to whom We know We must yield a dear Accompt for any Breach of Trust or failing of Our Duty toward Our People But as We have taken special Care from time to time to inform Our good Subjects of that Our Native Kingdom of the Occurrences here particularly by Our Declaration of the 12th of August wherein is a clear plain Narration of the beginning and progress of Our Sufferings to that time so the bold and unwarranted Proceedings of these Desperate Incendiaries have been so publick to the World that Our good Subjects of Scotland could not but take notice of them and have observed that after We had freely and voluntarily consented to so many Acts of Parliament as not only repaired all former Grievances but also added whatsoever was proposed to Vs for the future benefit and security of Our Subjects insomuch as in truth there wanted nothing to make the Nation compleatly Happy but a just sense of their own excellent Condition a few discontented ambitious and factious Persons so far prevailed over the Weakness of others that instead of receiving that return of Thanks and Acknowledgment which We expected and deserved Our People were poysoned with Seditious and Scandalous Fears and Iealousies concerning Vs We were encountered with more unreasonable and importunate Demands and at last were driven through Force and Tumults to flee from Our City of London for the Safety of Our Life After which We were still pursued with unheard-of Insolences and Indignities and such Members of either House as refused to joyn in these unjustifiable Resolutions were driven from these Councils contrary to the Freedom and Liberty of Parliament insomuch that above four parts of five of that Assembly was likewise forced and are still kept from thence Our Forts Towns Ships and Arms were taken from Vs Our Money Rents and Revenue seized and detained and that then a powerful and formidable Army was raised and conducted against Vs a good part of which was raised and mustered before We had given Our Commissions for Raising one Man that all this time We never deny'd any one thing but what by the known Law was unquestionably Our Own That We earnestly desired and pressed a Treaty that so We might but know at what price We might prevent the Miseries and Desolation that were threatned That this was absolutely and scornfully refused and rejected and We compelled with the assistance of such of Our good Subjects as came to Our Succour to make use of Our Defensive Arms for the Safety of Our Life and Preservation of Our Posterity What passed since that Battel hath been given Vs Our Own Person and Our Children endeavoured to be destroyed those unheard-of Pressures have been exercised upon Our poor Subjects by Rapine Plundering and Imprisonment and that Confusion which is since brought upon the whole excellent Frame of the Government of this Kingdome is the Discourse of Christendom We are very far from making a War with or against Our Parliament of which We Our Selves are an essential part Our principal Quarrel is for the Priviledges of Parliament as well those of the Two Houses as Our Own if a few Persons had not by Arts and Force first awed and then driven away the rest these Differences had never arisen much less had they ever come to so bloudy a Decision We have often accused these Persons against whom Our Quarrel is and desired to bring them to no other Trial than that of the Law of the Land by which they ought to be tried As We have been compelled to take up these Defensive Arms for the Safety of Our Life assaulted by Rebellious Arms the Defence of the true Reformed Protestant Religion scornfully invaded by Brownists Anabaptists and other Independent Sectaries who in truth are the principal Authors and sole Fomenters of this unnatural Civil War for the Maintenance of the Liberty and Property of the Subjects maliciously violated by a vast unlimited Arbitrary Power and for the Preservation of the Right Dignity and Priviledges of Parliament almost destroyed by Tumults and Faction so what hath by Violence been taken from Vs being restored and the Freedom of Meeting in Parliament being secured We have lately offered though We have not been thought worthy of an Answer to Disband Our Army and leave all Differences to the Tryal of a full and peaceable Convention in Parliament and We cannot from Our Soul desire any Blessing from Heaven more than We do a peaceable and happy End of these unnatural Distractions For the malicious groundless aspersion of having an Army of Papists though in the Condition and Strait to which We are brought no man had reason to wonder if we received assistance from any of Our Subjects of what Religion soever who by tâ—e Laws of the Land are bound to perform all offices of Duty and Allegeance to Vs yet it is well known that We took all possible Care by Our Proclamations to inhibit any of that Religion to repair to us which was precisely and strictly observed notwithstanding even all that time We were traduced as being attended by none but Papists when in a Month together there hath not been one Papist near Our Court though great numbers of that Religion have been with great alacrity entertained in that Rebellious Army
Hearts to yield much more than the Authority of the Kings Commands who having got notice of it from the Earl of Lindsay wrote down to Scotland peremptorily commanding them to desist from any such pursute if it were begun requiring also his Advocate to appear for them in His Majesties Name if they were pursued The Earl of Lanerick wrote to the King what follows May it please Your Majesty I Shall here Humbly presume to let Your Majesty know that before any of Your Scotish Servants who lately parted with Your Majesty at Oxford Lanâ—rick 's account of Affairs to His Majesty could possibly come hither the Chancellour had made his Report to the Council and Conservatours of the Treaty and Mr. Henderson to the Commissioners of the General Assembly of their Employments to Your Majesty where Your Answers to their Desires were found not satisfactory and thereafter Your Majesties Council Commissioners for the Treaty and Common Burdens having joyned together for giving of Security for such Moneys as should be levyed for the Maintenance of Your Majesties Scotish Army in Ireland they thought fit without admitting of any delay until Your Majesties Pleasure were known to call a Convention of the Estates as their several Acts and Proclamations to that effect here inclosed will more particularly shew Your Majesty And for the present Your Majesties Servants who came lately hither having only met with three or four of those whom Your Majesty appointed them to consult with have thought fit to advise with some others of the same Affection and Forwardness to Your Majesties Service before they presume to give Your Majesty any Advice upon the present Occasions being matters of so great Weight and so highly concerning Your Majesties Service but they have taken the readiest and most speedy Course they can think upon for Meeting and Consulting with them and thereafter are immediately to return hither from whence they will with all diligence offer unto Your Majesty their humble Opinion In the mean time I have dispatched Your Majesties Letters to such Noblemen and Burroughs as Your Majesty was pleased to direct me shewing Your Resolution of preserving here what you have been pleased so Graciously to establish in Church and State not having been able to deliver Your Majesties Letter to Your Council who were dissolved before my coming and my Lord Chancellour is gone out of Town without whose Appointment there can be no extraordinary Meeting so that I believe Your Majesties Gracious Declaration to Your Scotish Subjects cannot be published before that time nor till then can I be able to give Your Majesty any further account of Your Affairs here though in the mean time I shall study to serve Your Majesty faithfully according to the Duty of Your Majesties Most humble and most faithful and most obedient Subject and Servant LANERICK Edinburgh 18th May. 1643. In the end of May there was a Meeting of about thirty Noblemen where these two Questions were proposed The Lords consult what to advise His Majesty First if it were fit for the Kings Service that the Convention should be suffered to hold Next if it held whether those who were well-affected to the Kings Service should fit in it There were three or four Days spent in debating upon these Heads some moved that since by the calling of this Convention the other Party had so far encroached upon the King they should presently break with them this Motion came chiefly from other Lords who would not come to that Meeting But it was answered that the King as he would not give Commissions for raising an Army in England till he knew the Parliament had first done it on their side so it was his positive Pleasure that his Party should not make the first Breach which the King judged so much for his Honour that no Consideration could move him to dispense with it yet these who made that Proposition were desired to lay down ways how it could be made effectual since it was Madness and not Courage to hazard the Ruine of the Kings Service and Friends without at least a likelyhood of being able to carry it through with some Success All things being examined it was concluded that the following Message should be sent to His Majesty which was set down in a Paper dated the 5th of Iune but because of the War in England they committed it verbally to a Trusty Bearer lest it had been intercepted A Convention was indicted by the Chancellour and such others of the Council as have signed His Majesties Letter thereabout with the Advice and Concurrence of the Committees for conserving the Treaty and Common Burdens to be kept at Edinburgh the 22th of June whereby it is conceived His Majesty suffers exceedingly in His Regal Authority in the Calling thereof without his Special Warrant A Proclamation for the Indicting thereof is likewise issued forth in His Majesties Name expressing a danger to Religion His Majesties Person and the Peace of this Kingdom from Papists in Arms in England which in that appears to be contrary to His late Declaration sent to Scotland Hereupon divers Noblemen and Gentlemen well-affected to His Majesties Service met at Edinburgh and after three or four days Debate considering the exigency of Time the present posture of Affairs and the disposition and inclination of the People of this Country did not conceive it fitting that His Majesty should absolutely discharge that Meeting which certainly would be kept notwithstanding of any Discharge from Him which would both bring His Authority in greater Contempt and lose more of the Affections of the People whereby the Power of His Majesties Servants would be lessened but rather that His Majesty should so far take notice of the Illegal Calling thereof and His Own Suffering thereby that the same remaining upon Record may be an evidence to Posterity that this Act of theirs can infer no such Precedent for the like in the future but afterwards His Majesty or His Successors may Legally question the same And that His Majesties Servants here may be better enabled and strengthened with the assistance of others of His Majesties faithful Subjects who truly and really intend nothing but the Security of Religion as it is here established and are altogether averse from and against the Raising of Arms or Bringing over the Scotish Army in Ireland whereby His Majesties Affairs or their own Peace may be disturbed they conceive it fit that His Majesty should permit this Convention to Treat and conclude upon such Particulars as may secure their Fears from any danger of Religion at home without interessing themselves in the Government of the Church of England And in respect that the Two Houses of Parliament have not sent Supplies for Entertaining the Scotish Army in Ireland whereby they may have some colour or ground for recalling them it is conceived necessary that this Convention should have a Power from His Majesty to advise and resolve upon all fair and Legal wayes for Entertaining the
so bless Vs here in England as to protect Vs from the Malice of Our Enemies Religion and the now-established Government of Our Native Kingdom would be in danger We laying aside all Consideration of Our Own particular resolve on Our part to endeavour by all possible means to prevent all colour or ground of Division betwixt Vs and Our good Subjects of Scotland and therefore do permit you to Meet Consult and Conclude upon the best and readiest ways of Supplying the present wants of Our Scotish Army in Ireland and providing for their future Entertainment there until some solid Course be taken for recovering of the Arrears due to them and for their constant Pay in time coming according to the Conditions agreed upon in the Treatâ— as also to advise upon the best way of Relieving the Publick Burdens of that Our Kingdom of Scotland by pressing by all fair and lawful means a speedy Payment of the Remainder of the Brotherly Assistance due from England as likewise to prevent the Practices of such as study to entertain in this Our Kingdom groundless Iealousies and Fears of Innovation of Religion or Government the Preservation whereof according to Our many Solemn Protestations shall ever be most Sacred to Vs providing always that in doing these things nothing be done which may tend to the Raising of Arms or Recalling Our Scotish Army or any part thereof from Ireland but by Order from Vs and Our Two Houses of Parliament according to the Treaty agreed upon to that effect and We do require you to limit your Consultations and Conclusions to the foresaid Particulars And as by this and many other Our former Acts of Grace and Favour to that Our Native Kingdom it clearly appears how desirous We are of preserving their Affections and preventing all occasions of Mistakes betwixt Vs and them so We do expect that your Proceedings at this time will be such as may shew your tender Care of Vs and Our Greatness which by so many Oaths and Obligations you are tied to preserve Given at Our Court at Oxford the 10th of Iune 1643. Mean-while the Duke and his Brother advertised both their Majesties of the great apprehensions they had of Mischief from Scotland and besought His Majesty The Duke studies to keep Scotland from agreeing wâ—â—h the Two Houses that so long as they were idle in Scotland he should be busie in England for his good Success there was that which would engage most to appear for him here and they with those trusted with them made the Lord Chancellour understand the hazard he was in if the Annuities were discharged and accordingly filled up one of the Blanks with a Proclamation discharging them to all who had Signed the Petition against them which yet remains but without a Date and Signeting The Lord Chancellour was very sensible of the ruine of his Fortune which would follow from the Publishing of that which certainly would be popular as being an ease of the Subjects and therefore promised to them to use his utmost Endeavours to put all the stops he could in the Agreement with England wherefore with joint consent they resolved to proceed no further in that Affair for that time and accordingly the Lord Chancellour was very instrumental though covertly in getting things kept off so long for had not much Art been used the Church-party were inclined immediately upon the opening of the Convention to have engaged in the Quarrel for the Two Houses The 22th of Iune came and the Convention sate down The Convention sits which is a Court made up of all the Members of Parliament but as they are called and sit without the state or formalities used in Parliaments so their Power is to raise Money or Forces but they cannot make or repeal Laws The Duke and his Friends as they answered to their names declared they were present upon the notice they had of the Kings Warranting of the Convention After that Lanerick delivered the Kings Letter of the 10th of Iune and it being read drew on a great Debate which lasted four days whether the Convention was free or not and if bound up to the limits of the Kings Letter or not The grounds of the Debate were on the one side it was certain that by the Law of Scotland no Assembly of that nature could be called but on the Kings Writ and therefore there was a Nullity in the beginning of it but that now the King ex post facto allowing them as a Meeting of His Subjects to consider of some Particulars they could pretend to no Authority but what that Letter gave them therefore they had not the Authority of a Convention of Estates but were only a Meeting of so many Subjects to consult of some Affairs On the other side it was said that the Convention was summoned by a Writ under the Great Seal which was all that the Subjects were to look for they not being concerned to look into the Kings secret Orders or private Pleasure so this was a sufficient Authority for their Sitting and for the Kings Letter though it seemed he was not well-pleased with his Council for it yet it did not annull the former Writ nor indeed could it and it was essential to all Meetings of that nature to be free and not limited in their Consultations for if the King calls a Parliament or Convention their Freedom cannot be restrained to such Particulars as the King would limit them to otherwise the Grievances of the Nation should never be considered therefore they concluded it either must be no Convention at all or if it was one it must be left at liberty to treat of all the Affairs of the Nation The Duke and his Brother were the great Arguers on the one side and when they saw how it was like to go they resolved to Protest and leave them But the Kings Advocate told them that if the Convention were Voted a free Convention then to Protest against it was Treason but they might declare their Judgments and thereupon take Instruments which was equivalent to a Protestation and more Legal and they judging this punctilio of the word Protest of no Importance resolved to follow his Advice So on the 26th of Iune it being put to the Vote a Free Convention or not the Duke voted it no Convention but as regulated by the Kings Letter so did eighteen Lords and but one Knight all the rest voting it a Free Convention Whereupon the Duke rose up and declared he could no more own that for a Free Convention nor acknowledge any of their Acts or Orders further than as they kept within the bounds of the Kings Letter My Lord Argyle asked did he by that Protest against the Convention my Lord Lanerick answered they meant not to Protest but declare and take Instruments both in the Kings Name and their own which accordingly they did and so removed Only Lanerick required them to record the Kings Letter which was refused next he craved an
Instrument of his producing it which was also refused so having taken witness of it he withdrew and none of these Lords would sit in the Convention any more After this some came to the Duke and asked his Advice if they should sit or not he suspected their Intentions were only to betray him and told them that his Practice declared his own Judgment which he wished the whole Convention had followed but for particular Advices he left it to themselves Others of their Friends were by them all thought necessary to sit still in the Convention to keep up delays in the approaching Treaty with the English but divers of their Friends being over-awed with the Power of the Church-party did forsake them Great Jealousies and Divisions in Scotland At the same time some of the Church-party who feared the Duke more than all that opposed them knowing the depth of his Designs and the smoothness of his Address took a strange Course to render him suspected to the Kings Party which was to let a Whisper fly out but so as they should not appear in it that he and they kept a Correspondence which was too easily believed by many who were already ill-affected to his Person and displeased with his Methods and the great forwardness of some for appearing in the Kings Service made them impatient of all Delays But the Duke sent divers Messages by Mr. Murray of the Bed-chamber who was at that time sent by His Majesty to Scotland to those of the Kings Friends who he saw were displeased with him to mediate a Reconciliation who dealt in it with all possible diligence but their Jealousies of the Duke were insuperable And a little after that in the end of Iuly some of them went to Court to represent to the King how ill His Affairs were managed by those He trusted them to and to offer their Serviâ—e if He would change his Tools and Methods The Duke upon this wrote to the King that he found himself betwixt two Tides of those who were perverse on the one hand and over-forward on the other yet he wished not only Life and Fortune but his Soul might perish if he left any thing unessayed and undone that was in his power for the Kings Service But all in which he could hope to prevail was Delays which to draw out longer than this Winter he could not promise And the Methods he used to draw out the Treaty by Delays were to set some on work to get Scotland to insist on their Demands for the rest of the Brotherly Assistance and for what was agreed to by the former years Treaty to be paid for the Army in Ireland before they engaged further all which amounted to a round Sum and he knew it would neither be soon nor easily advanced The time of the Assembly was also approaching wherefore they advised the King for his Advocates encouragement to Name him Commissioner for it The Convention did little at first only they begun a new Process against some alledged Incendiaries and named many Committees waiting still for the English Commissioners who were daily expected On the first of August came the Kings Advocat's Commission with his Instructions and a Letter to the Assembly His Instructions were First to assure the Assembly of the Kings constant adherence to the late Establishment and his willingness to encourage all good Motions He was to oppose all Treaty with England or Declarations about the Commotions there He was to oppose any new Commission of the Kirk He was to hinder any Censure to pass on those who had subscribed the Cross Petition On the second of August the Assembly sat down The General Assembly sitâ— but no curb could hold them so high was their Zeal and so void were they of respect of Persons that the opposition the Kings Commissioner gave them was little regarded for they went on at a great rate The Convention voted an hundred thousand Marks Sterling to be raised by a Loan this was a pretty Device to fine all that were not judged well-affected for they were appointed to lend Sums upon the Publick Faith which every one knew would turn to no Security for their Money On the ninth of August came the much-longed for Commissioners from England Commissioners come from England with a large Declaration from the Two Houses justifying all their Procedure and intreating the assistance of their Brethren in Scotland This was cheerfully welcomed by the Assembly and some did run so far back as to remember how Queen Elizabeth helped the Lords of the Congregation in the Scotish Reformation in opposition to the Queen Regent and therefore it was but Justice that they should now repay them with the like Assistance But that which generally prevailed to engage the greater part of the Nation in the War The Arguments that prevailed for entring in a League with them shall here be set down with that fulness and freedom that becomes a Historian The now Duke of Newcastle had raised a great Army in the North of England for the King upon which that Countrey was like to be for some time the seat of the War and though Berwick and Carlisle had no Garrisons in them according to the Treaty between both Kingdoms yet it was not to be doubted but either the one side or the other would see their advantage in putting Garrisons in these places upon which all in Scotland judged it necessary to raise some Forces otherwise the best Counties in Scotland which lye toward the South had been put under Contribution by those Garrisons and they had been all a prey to the prevailing Army yea and which side soever were either beaten or straitned it was not to be doubted but they would send in Parties to Scotland to bring Provisions and what else could be had therefore it was Concluded that a Force must be raised for the Security of Scotland This being laid down it was not uneasie to perswade all that it was better to carry in and maintain their Army in England than keep it in Scotland to be a vast Charge upon themselves And the Forces that were raised in the years 1639 and 40 had been very heavy on the chief Nobility and Gentry nor had the Brotherly Assistance which the Two Houses had Voted to be raised for their reimbursement come to their Supply the War of England intercepting it therefore they had generally a great mind to Quarter their Army in England Now this could not be done they keeping up the Neutrality they were then in therefore they must either joyn with the King or the Two Houses For joyning with the King many Arguments were used both from the Laws of Scotland that obliged all the Subjects to assist the King in his Wars and from the Covenant wherein they swore to assist Him in every cause in which His Majesties Honour was concerned There were also private assurances given not only to the leading Men but to the whole Nation of signal
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
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
when the Convention sat the Defendant did often and no way ambiguously See p. 224. but very plainly declare he did not own their Authority nor would give obedience to any of their Acts that were beyond the Bounds prefixed in His Majesties Letter upon which he withdrew with divers of his Friends and did advise and prevail on many to follow his Example It is true some came and asked his Advice of whose Fidelity he had no reason to be assured judging not without grounds that they came to him on design to trepan him and therefore he told them that for his own part he was resolved not to acknowledg their Authority nor give obedience to their Commands by which they might easily judge what he would advise seeing his Practice It is also false that the Defendant procured from His Majesty an allowance to that Convention since the Letter His Majesty wrote was so far from allowing it that it particularly challenged the Illegality and Nullity of that Meeting See p. 232. and the Convention was so far from thinking themselves Authorised by it that they refused to stand to it or so much as to put it on Record It is also false that any such Offers as are vainly and without truth said to have been made to Mr. Murray were ever brought by him to the Defendant or others intrusted with him he was indeed imployed to deal with them to overcome their untoward Jealousies and ambitious Vanity but with no success as he reported and is ready to make good but they venting their implacable Hatred and ill-grounded Jealousies of His Majesties faithful Servants left the Kingdom in the Summer and possessed many with such Prejudices that they infinitely retarded His Majesties Service and divided the small Party that adhered to him yet His Majesty sustained no Prejudice from Scotland all that year which was the uttermost that ever the Defendant gave His Majesty any hope of But it is most basely false that the Defendant did bring the Convention of Estates to the wished period since he did all that was in his power to hinder its Sitting and to get it broken up assoon as it sat down It is also false that the Defendant was on the design of raising the Army in Scotland which he opposed by all the probable and honest ways were in his power and was ever ready upon the least appearances or hopes of Success to have hazarded his Life and Fortune to hinder it and therefore sent frequently to England for those Supplies without which their Attempt could signifie nothing but the exposing the Kings Party in Scotland to the scorn and malice of their Enemies But the necessity of His Majesties Affairs in England did so retard the Answers that opportunities were lost and the other Party had prevailed over all which forced the Defendant to fly out of that Kingdom Order being given for seizing on his Estate and taking and imprisoning his Person and yet Affairs there are not quite desperate but the Defendant had many very probable Propositions to have offered to His Majesty the Maintaining of whose Prosperity and Authority hath been the constant designofhis whole Life Charge That he hath endeavoured to set on foot a Title to the Crown of Scotland Article 8. having Treated with Forreign Princes touching his Claim thereunto and desired their Aid and Assistance to his Right protecting and maintaining such as wrote Treatises in his behalf and Claim to the Crown Besides all which particulars of his treacherous sowing of Sedition 'twixt His Majesty and His Subjects his undervaluing and reviling his own Sacred Person his fomenting all the unhappy Differences betwixt King and People his exciting of each against the other his pouring of oyl into the fire betwixt them both his direct Attempts upon the Crown and intentions to Vsurp his late Carriage doth give too evident a Character of his invincible Disloyalty as particularly his treacherous Carriage before in the time and at the late Convention his juggling in the business of the Counterpetition and that of the late pretended Bond which are so notorious Truths and so evidently to be instructed by all His Majesties good Subjects but more particularly by those with whom by His Majesties special Command he kept a seeming Correspondence Besides divers other circumstances whereby it may be clearly demonstrated that he is of the Party with them that have raised this Rebellion in Scotland namely that in the Instructions given by that Faction to the Earl of Lowthian in his late French Negotiation one of the particulars earnestly recommended to him was to desire of the Crown of France Restitution of the Dutchy of Chastleherault to him which in all probability they would never have done in his favour if they had taken him for an Enemy to their designs and purposes Last of all it is craved that in respect of his unexpected Arrival here there may be liberty to add and amplifie this Charge as occasion shall offer One particular omitted above is not amiss to be here inserted at what time the business of the Scotish Covenant was at the greatest height a distressed Gentleman of Scotland Sir John Ferguson desired the Loan of some Money from Sir John Hamilton of Broomhill whose Relation and Interest every way to the Duke are known to every one who knows them both who answered him in flat terms he would neither give nor lend him a penny except he and his Sons would bind themselves to go home and sign the Covenant upon which Condition he offered to lend him what he sought We do engage from our faithful respects to His Majesties Service without any consideration or interest else whatsoever to make good this Charge some of the weightiest points by several Witnesses and all the rest by some and strong Probabilities Answer The Answer to the eighth Article To the eighth Article the Defendant says here lies the Master-piece of his Enemies Malice and Calumny to charge him with a point treasonable in the highest degree without offering one circumstance to make the Truth of it appear probable and such publick things as the setting on foot a pretence to the Crown the Treating with Forreign Princes touching his Claim to it the Authorising and Protecting of any who wrote in defence of his Title must have been notour and known things and yet no particular is here named which clearly shews the Forgery of the whole on design to beget in His Majesty Jealousies of the Defendant who knows of no such Title to the Crown but acknowledges His Majestie 's and His Posteritie's whom he prays God to preserve their undoubted Right to the Crown And as the Defendant acknowledgeth the great Honour of his Relation to the Royal Blood so there is no more reason to Charge him on that account than to Charge any others who are more nearly related to His Majesty as are all the Noble branches of the Prince Elector Palatin's Family But as the Honour of
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
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
many Persons and Families otherwise exposed to Ruine might not become fuel to new Disorders or the seeds of future Troubles His Majesty desires that His Two Houses of Parliament should seriously descend into these Considerations and tenderly look upon His Condition herein and the perpetual Dishonour that must cleave to Him if He should thus desert so many persons of Condition and Fortune that have engaged themselves with Him only out of a sense of Duty His Majesty is very unwilling to enlarge Himself further upon this Subject but earnestly desires that upon Conference these Particulars may be better understood and reconciled wherein He will condescend to all that in Honour and Iustice He may do concerning the same and then they may likewise particularly consider and conclude of the best Means to discharge the Publick Debts as likewise those of His Majesties and then His Majesty will apply Himself to the Consideration concerning the Seals and any other thing now casually omitted or to which for the present without further Information or Debate His Majesty cannot give any positive Answer As for the Offices which are mentioned in the 17th Article albeit His Majesty judges that the free Disposal of them is a necessary Flower of the Crown yet he is content for the space of these next Ten Years to come to nominate such both for England and Ireland who after shall be approved of by the Two Houses to be enjoyed by these Persons Quam diu se bene gesserint so that after the said Ten Years they shall return to be disposed of as formerly His Majesty will very willingly consent to the Act for the Confirmation of the Priviledges and Customs of the City of London And now that His Majesty hath thus far endeavoured to comply with the Desires of His Two Houses of Parliament He conceives it seasonable for Him to propose some things for Himself which if consented to may be a testimony of their reciprocal Affections to Him First that an Act of Oblivion and General Pardon be passed by Act of Parlâ—ament whereby all the seeds of Discontentments and future Troubles may be quite extirpated Secondly that the Two Houses would settle upon His Majesty such a certain Revenue as may be honourable and sufficient for the support of Him His Wife Children and their Families Lastly that this Agreement may be firm and lasting His Majesty desires to come to Westminster with honourable Freedom and Safety there solemnly to confirm the same where He may both give and receive Pledges of mutual Love Confidence and of Trust with them in all things which shall concern the good and prosperity of His People Newcastle the Decemb. 1646. To this Letter with the Inclosed Message my Lord Lanerick wrote the following Answer Lanerick 's Answer to His Majesty Most Sacred Soveraign IMmediately after the receipt of Your Majesties Commands of the 4th Instant by Sir James Hamilton I imparted under a tye of Secrecy Your intended Message to the Houses of Parliament to such Persons as I knew were most tender of Your Majesties Honour and Happiness but I must humbly beg Your Majesties Pardon if my Freedom offend since I cannot conceal so important a Truth as that I cannot find many here satisfied with it nor dare I promise the least Countenance to it from this Kingdom seeing Your Majesty hath divers times verbally and now again by Your Letter assured me of Your Resolution to adhere to the Grounds contained in this Message I shall not presume to make any Objections against it having when I had the honour to wait upon Your Majesty last represented my sense of that You was pleased to send by Mr. Murray whereof this in divers Particulars comes far short for besides that it is as wanting in that Article concerning Religion Your Majesty offers far less than you did at that time by the private Instructions Your Majesty then gave Him in the Propositions about the Militia Officers of State and the Great Seal yet I find not Your Majesties Condition is much more promising at least to vulgar eyes That Clause concerning the Liberty Your Majesty would allow to Tender Consciences is one of the meanest Particulars that is misliked in Your Majesties Answer to the Proposition concerning Religion Your Majesties Preface to that Article the Limitation of time to Presbyterial Government the addition of Twenty of Your Majesties Nomination to the Assembly of Divines the particular Exception of Your Own Family and what is most of all the total omission of making any mention of the Covenant are the most insisted-on Objections But as I dare not think upon the sad Consequences in relation to Your Majesties Person and Government which will presently follow upon the Return of the Scotish Army and Your Majesties declining to allow the Covenant without which though I presume not to press it all that can be offered will not satisfie here so I will not conceal the great advantages which I conceive the doing of it would bring to Your Majesty and to those You study to preserve for I am confident it might be so managed as this Kingdom would not only declare themselves for Preserving Your Majesties just Rights in Civil Relations but likewise engage themselves for an honourable and speedy Invitation of Her Majesty to return from France Besides an easie passing of all such who during these Troubles have adhered to Your Majesty in England with what else could be expected from faithful and dutiful Subjects But I have by my impertinent Expressions exceeded both my Intention and Duty for which I humbly beg Pardon for Your Majesties most faithful most loyal most obedient Subject and Servant LANERICK Edinburgh 8th Decemb. 1646. Upon this His Majesty wrote what follows Lanerick I Like well of your accustomed Freedom nor shall I alter My stile to you and indeed as I am well satisfied with your Proceedings His Majesty writes more fully on these Heads in order to My Commands sent by Sir James Hamilton so I wonder much that My intended Answer had so ill a Reception among you for aâ—beit I could not expect that you would approve what I know is so much against your Wishes yet I thought that even Common Charity besides believe Me there is also the Interest of the Country which would be considered might make you endeavour to make the best of that yâ—u saw remediless Yet since what I sent you is so much mistaken the rest is the less wonder to Me for it amazes Me to hear that some amongst you who know every tittle that Will. Murray carried say that this is far short in divers Particulars when there is but one which is the Militia for which there is any colour and not that neither but in a much wrested sense And is it not so when private Instructions are the only ground which only permit a further Latitude to be made use of in case of absolute necessity and not otherwise it being a new kind of Incivility
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
been conceived of more use to Your Majesties Service Your condition is so variously represented here that Your faithfullest Servants know not how to carry themselves therefore the intimation of Your Majesties Own Pleasure would be of great use No sooner shall the temper of People here which for the present is strangely inflamed be any thing allayed than one or both of us You commanded shall attend You according to the Duty of Your Majesties most humble most faithful most obedient Subject and Servant LANERICK His Majesty upon that wrote what follows Lanerick The Kings account of the usage he had in the Army IT is impossible for Me at present to give a Categorical Answer to your I confess necessary Question all I can say is that I am now at much more Freedom than I was at Holmby for My Friends have free access to Me My Chaplains wait upon Me according to their Vocation and I have free Intelligence with My Wife and any Body else whom I please all which was flatly denied me before besides the Professions are much more frank and satisfactory to what I desire of this Army than ever was offered by the Presbyterians And truly if these People rightly understood their own Condition and Interests they must do what they profess which is that King Parliament and People may each have respectively what is their own and yet it must be their Actions not Words alone which shall make Me put Confidence in them Hitherto they have made Me no particular Offers though daily pressed by Me but assoon as I can clearly see through their Intentions one way or other I will not fail to advertise you with My Commands thereupon In the mean time having truly though shortly set you down the true estate of My present Condition I leave you to judge and do what you shall find best for My Service So I rest Your most assured real constant Friend CHARLES R. Casam 12th July 1647. POSTSCRIPT I have intrusted this trusty Bearer with several Particulars which I thought too long for a Letter And the day after that he wrote again Lanerick THis is first to recommend this honest Bearer to your Care to further him in passing of those small Favours I have bestowed upon him next that you would do your best for the relief of those Gordons who were lately taken both which as to you were needless but that I know it is fit for Me at all occasions to express the Care I have of those that wish Me well So farewell Your most assured real constant Friend CHARLES R. Casam 13th July 1647. POSTSCRIPT Send me word if you have yet remembred your Promise to Me concerning the late Archbishop of St. Andrews his Book To which my Lord Lanerick wrote this Answer May it please Your Majesty YOurs of the 12th I received yesterday Lanerick's Answer We are joyed for what you write of the Civilities you met with but are full of doubts and fears of their Continuance especially since we are informed that notwithstanding all Publick Professions strange Demands are preparing to be offered to Your Majesty I ever hated thralling of Consciences yet I shall be sorry there were no other price of Spiritual Freedom than Your Majesties loss of all Temporal Power This Kingdom will be easily induced to venture their Lives for the last but none will hazard the first since they will not declare for Your Majesty but clogged with the Covenant It was thought fit to delay all Resolutions untill the 5th of August next expecting against that time either from the nature of the Demands we hear are now to be made to Your Majesty or from the carriage of the Army to Your Sacred Person grounds will be given either to rest satisfied or to resent it as becomes Loyal Subjects It is wished Your Majesties true Condition and positive Pleasure may be made known from Your Self if possible against that time when certainly the sense both of this Church seeing the General Assembly will be then sitting and State upon the present Differences in England as they have relation to or can have influence upon Scotland will be made known It is wished Your Majesties Prudence may prevent further Prejudice by going at first the full length You intend in granting what Conditions shall be demanded or if You find them absolutely destructive to You to put Your Self in that Condition that our Persons and Lives may be of use to Your Majesty which shall be the constant care of Your Majesties most faithful most loyal most obedient Subject and Servant LANERICK Edinburgh 21th July 1647. POSTSCRIPT I have not as yet been able to put Your Commands in execution concerning the Bishop of St. Andrew's Book in regard the Copy I have is both uncorrect and wanting in many essential things but I have already taken a Course to have that supplyed from a true Copy of the Original now in the possession of our Commissioners at London His Majesties Answer follows Lanerick YOurs of the 21th Instant I received yesterday having before resolved to have written to you though I had received none from you to shew you from time to time what My Condition is And yet for easing My pains I have thought fit to refer you to the Bearer John Chisley to tell you the true State of Affairs with My Opinion thereupon to whom I have largely and fully spoken My Mind wherefore I will only say this one word that whatsoever you resolve on you must not think to mention as to England either Covenant or Presbyterial Government for it will ruin you and do Me no good experience of which was clearly seen at Newcastle So desiring you to trust this Bearer I rest Your most assured real constant Friend CHARLES R. Wooburn 27th July 1647. The Army forces the Parliament The Army drew nearer London declaring they came to restore the King and to reform the Parliament This was Popular and took with many wherefore the Parliament to undeceive both King and People Voted His Majesties coming to Richmond for a Personal Treaty and that the Army should not come within thirty miles of London But the Army refused obedience and carried the King with them and sent threatning Messages for Recalling of those Votes and they designed next to model the Two Houses whereupon a frivolous general Charge was drawn against 11 of the most considerable Members who withstood their Designs and they pressed their Suspension from the House But it was Voted in Parliament to be against Law to suspend any Member upon a general Charge without bringing in and proving special matter And the Two Houses did choose a Committee of Safety to Treat with the City of London for Raising a new Militia for their own Security and some of the Trained Bands were drawn together under Presbyterian Officers Upon this the Army came to London forced the Houses to recall their Votes and disband their Forces and drove away the eleven Members And thus having
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
negarunt But I go on from this sad subject to the tragical Conclusion of the Duke's Life The News of that Murder sunk the Duke's thoughts into a deep Sorrow which he carried with him to his Grave he well saw his own Danger knowing that those who had broken all the bonds of Loyalty and Duty were not to tie themselves to the faith of a Capitulation or Articles though granted by a person impowered by them and therefore he designed an Escape from Windsor that night which was contrived by his faithful Servant Mr. Cole afterwards one of the Kings Quirries who during his imprisonment had liberty to go and return from London which he did very frequently bringing him an account of what passed And the Duke having gained his Keeper ordered Mr. Cole to send a trusty Servant with two Horses to Windsor which accordingly he did advertising the Duke not to come to the City till seven a Clock in the Morning and then Mr. Cole was to come to him near London and bring him to some secure House in the City whereupon at night about the time of shutting the Gates The Duke makes an Escape from Windsor the Duke made his Escape freely out of the Castle without suspicion and came to the Place appointed where his Servant and Horses waited for him But he fatally went from the Resolutions he had laid down with Mr. Cole and would needs go in the night to Southwark thinking to have got to Mr. Owen's House who was acquainted with the business not considering what had been told him of the Guards were about the City all the night so that there was no coming to it but in the day and all things concurring to hasten him to his Grave there was that night a Party of Horse and Foot in Southwark searching for Sir Lewis Dyves and another who had escaped the night before but is re-taken in Southwark Some of them meeting the Duke in the Streets about four in the morning where he had long knocked at a door took him and examined him he told them a very formal Story of himself and his business which at first satisfied them but they observed that as he took a pipe of Tobacco by them he burned several great Papers to fire it whereupon they searched him and found such Papers about him as discovered him It was not before the next morning that he was missed at Windsor for that night he made his Escape there came an Order from Cromwel to the Governour of Windsor to make him close Prisoner and put all his Servants from him who thereupon ordered the Captain of the Guard to go about it but he hearing the Duke was a-bed delayed it till next morning and then found he was gone It being discovered that Mr. Cole had ordered the Duk 's Escape many advised him to go out of the way but he resolved rather to die than to leave his Master at such a time and made a shift to come at him that same evening When the Duke saw him he lifted up his hands and said It was Gods will it should be thus That night Mr. Cole was also taken and Sir Hardress Waller examined him but drew nothing from him whereupon he was made close Prisoner yet when the Duke was brought to his Trial he procured his Liberty for the Averment of some particulars of his Plea The Duke being thus unfortunately retaken he was committed to Prison at St. Iames's and is kept in St. Iames's in the same Room where the Earl of Norwich the Lord Capel and Sir Iohn Owen were Prisoners and then all saw in what danger his Life was whereupon great endeavours were used and strong applications made in Scotland to the Marquis of Argyle who had then the chief Powâ—r there that the Committee of Estates would so far study his Preservation as to own that what he did was by the Authority of that Kingdom that so whatever other Punishment they would lay on him his Life might not go for it And it had been faithfully promised by all the Leaders of that Party at the Pacification at Sterlin either to save his Life or to make his Death a National Quarrel But the Marquis of Argyle would not interpose These who had the power in Scotland refuse to move for him and though the Dukes Daughter the present Dutchess of Hamilton left no means unessayed to prevail on him yet all was in vain for he pretended that since those in England had murdered their King notwithstanding their Commissioners protesting against it it was not to be expected their interposition in other things could be of any weight nor was it fit they should any more address to the Murderers of their Soveraign So all hopes of any Mediation that way failed and not only that but Lambert being prevailed on by the offer of a good Sum to claim the Duke as his Prisoner some Letters came from Scotland about it upon which Lambert was advised not to insist on that Demand This was vouched to the Writer from several hands who had it both from Lambert himself and some other considerable men in the Two Houses But now his Majesties Blood not having satisfied the Cruelty of the New Usurpers their next design was against those who had served him faithfully and therefore the Duke was brought to his Tryal and honoured to be the first of those who followed his Master in that Glorious Martyrdom The Usurpers ordained the pretended Court of Justice to proceed against him so in the 6th of February he was brought to a Tryal It will not be hard to perswade the Reader without further inquiry that those who embrued their hands in the Blood of their Soveraign thereby breaking loose from all Ties Sacred and Humane could not stand much at the effusion of meaner Blood no their Consciences were feared with their former Crime so that nothing could be so wicked but they were stout enough for attempting it yet they chose to varnish over their perfidious Cruelty with some Colours and Appearances of Justice but the Disguise was so thin that it served them to no other purpose but to add hypocrisie to their former Villany which will evidently appear from the following Tryal drawn partly from the Journal of the Court and partly from Notes of what passed taken by some Eye-witnesses Steel and Cook the Counsel for the People of England did exhibit on the 6th of February being Friday the following Charge That the Earl of Cambridge about the 19th of July last Traiterously invaded this Nation in a Hostile manner The Charge given against him and levied War to assist the King against the Kingdom and People of England and had committed Sundry Murders Outrages Rapines Wastes and Spoiles upon the said People and particularly about the 20th of August near Preston did make War joyn Battle and fight against the Forces of the Parliament and therein did murder and kill Collonel Thornley and others To this the
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
in his Breast Nothing did so much support his spirit under the heavy Pressure that lay over it as the desire he had to preserve his Life for His Majesties Service of which he was prodigal when he saw it useless to his Master for his Life had been of a great while burdensome to him and indeed it was no wonder to see Death so welcome to one who had so little reason to desire to live and so much ground to hope in Death for when the Tossings and unjust unmerciful Usage he met with in those years he survived his Brother are well looked into it is a wonder they forced him not unto the horridest Resolutions imaginable I use his own words and to pursue private and publick Injuries with a mortal Resentment yet his zeal for the Kings Service and the Countries Quiet over-ruled all other thoughts From Scotland he went to Holland where he was scarce landed when he heard the sad and dismal news of the Kings Murder nor had he recovered of the extreme Grief that raised in him when he heard likewise how his Brother was murthered which afflicted him beyond expression nor did any thing grieve him more than his laying down Arms at Sterlin for when he saw too late how they had been abused in it he censured it more severely than any of his Enemies could do He was ill used by his Enemies and the Preachers In Scotland the Parliament if that Meeting could ever deserve that name wherein there were scarce any of the Nobility present not only condemned the Engagement for the King but passed an Act against all the Engagers ranking them in several Classes whence it got the name of an Act of Classes whereby they were excluded from all Offices publick Trust and Vote in Parliament nor were they ever to be admitted to Trust till they had satisfied the Church by a publick profession of their Repentance for their accession to the unlawful Engagement as it was then called and were by them recommended to the favour of the State and those that ruled were resolved to readmit none but such as would depend on them and adhere to their Interests They were also particularly severe to the Duke for breaking Confinement and leaving Scotland without their Pass The Duke upon his arrival in Holland offered his Service to his Master our Gracious Soveraign who now Reigns which he received and entertained with so much Royal Goodness as if the Affection and Confidence of their Masters had been the Inheritance of these Brothers and what the late King was to the Elder his Majesty was to the Younger who continues to this day to honour his Memory with the highest Commendations And indeed his Royal Favour was not misplaced on one that was either unsensible or ungrateful for never Subject served Master with more Honesty Zeal and Affection so that no consideration either of Hope or Fear wrought so much on him as the Affection he bore his Master neither expressed he anxiety for any thing at his Death save for His Majesties Person fearing lest he might fall into their cruel hands whom he knew to be thirsting for his Blood He stayed in the Netherlands till His Majesty came to Scotland He adviseth the King to settle with Scotland and though those that governed there were so much his Enemies that they would have the King stand to their Act of Classes and made that one of the Articles of their Treaty at Breda yet the Duke seeing the desperate posture the Kings Affairs were in and that no visible hope remained unless His Majesty settled fully with Scotland was not only satisfied to consent to that severe Demand but did earnestly press His Majesty to agree with that Kingdom whatever might become of him Many were for extremer Methods and pressed the Duke to concur for making a forcible Impression upon Scotland but he well foresaw the mischief of that Course and how little could be promised from it for as no great Concurrence could be expected in the condition things were then driven to so all that could follow even on a little success was to expose the Country to the rage of a prevailing Army from England against which Scotland entirely united would have had work enough though it had not been weakned by a Civil War and therefore he was against all Divisions which might also have tempted the prevailing Party to joyn with the English Army The Treaty with the Scotish Commissioners was held at Breda where things stuck long their Demands being very high and uneasy to the King The chief of the Commissioners was the Earl of Cassilis who did truly love the King and Kingly Government so that when the Usurpation proved sucessful by the Conquest of Scotland afterwards though Usurper studied by the greatest Offers he could make to gain him to his Party considering the high esteem he was in for his Piety and Vertue could never prevail so far as to make him advance one step towards him even in outward Civilities yet he was a most zealous Covenanter but of so severe a Vertue and so exactly strict to every thing in which he judged his Honour or Conscience concerned that he would not abate an ace of his Instructions but stood his ground so that nothing could beat or draw him out of it But he did it with so much Fairness and Candor that the King though troubled enough with the difficulties that bred him yet was much taken with the Openness of his Proceeding with him and conceived so high an Opinion of his Fidelity to him that nothing could ever chaâ—ge or lessen it so so excellent a thing is Ingenuity that it begets an esteem wherever it is to be found even when we are most displeased with the Instances in which it appears The next in the Commission was the Earl of Lothian who though he was deeply engaged in Friendship and Interests with the Marquis of Argyle yet was of a Noble Temper had great Parts and a high sense of Honour The other Commissioners depended on them and went easily along with them in what they agreed to The Commissioners seeing the good Offices the Duke did were willing he should return with his Majesty to Scotland Anno 1650 and enjoy the common Priviledges of Scotchmen only be secluded from all publick Trust and from his Vote in Parliament But the leading-men in Scotland judged it necessary for the Peace of that Kingdom that the Duke might not return with His Majesty and sent Orders for stopping his Voyage These Orders came not to Holland before most of the Commissioners were aboard only the Earls of Cassilis and Lothian were ashore when they got them they were much troubled to get such severe Commands obliging them to break the Treaty they had so lately signed But since most of their fellow-Commissioners were gone But is put from His Majesty at his return to Scotland and they without them made not a Quorum they could do nothing so
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
should I be an undertaker to the Parliament for either having neither my Instructions nor Directions from Him to mention to the Parliament or any Member there But these Reports proceed from such who perhaps if the matter were looked into have said what probably they will not make good and so endeavour to make other men bear the Burthen I am not sorry they have joyned you with me in this since it cannot prove your disadvantage the thing being so eminently false I see my Enemies malice will have no end and when they want other grounds Sickness is enough for them to take advantage of but if they had been in the Condition that I have been in these three weeks they would have been more charitable and so I leave them The uncertainty of my Recovery hath made me write thus much to you and truely not without trouble that you may let His Majesty know my Innocency in these particulars and that I still continue in a Condition not able to attend Him which is a great grief to Your faithful Friend and Servant HAMILTON Whitehall 7th April 1642. In the middle of April the King signified to his Council in Scotland his Design of going in Person against the Rebels in Ireland The King thinks of going to Ireland which he purposed both to put more vigour in the Army by his Presence as also to refute those Calumnies were spread upon him as if he inclined to Popery and had been accessory to the late Rebellion with which damnable Calumnies his Enemies were beginning to asperse him But the Scotish Council as well as the Two Houses but that motion is disliked by both Nations interceded earnestly with him against this Design pretending the Hazard his Sacred Person would be in Some judged that they were afraid lest by such a real Argument the Calumnies were cast on His Majesty and scattered among the Vulgar for carrying on their Designs might be refuted and some feared lest His Majesty had he gone to the Army might have gained too much upon their Hearts whereby he might have been in a Condition to have over-awed the Two Houses In May the Scotish Council sent up the Lord Chancellor to offer a Mediation for a better Understanding betwixt the King and the Two Houses but the King was much irritated The Chancellor of Scotland sent to mediate betwixt the King and the Two Houses by the Affront he had lately received before Hull from Hotham He likewise found the Chancellor insisting on Vniformity of Church-Government therefore he ordered his return into Scotland and gave him a full account of all had passed betwixt him and his Two Houses requiring him to give a true representation of it to his Council there In the end of the Month the Marquis had recovered so much Strength as to come and wait on the King at York where he would gladly have prosecuted his former Counsels for advancing a Settlement betwixt the King and his Two Houses but he knew not how to advise the King to grant more than he had already yielded to which as the King said to him was more than had been granted by all the Kings of England since the Conquest adding that though he had gone a great length in Concessions to them they had not obliged him by one favourable Vote so that nothing remained for the Marquis but to lament the Kings Misfortune yet he offered the uttermost of his Services to him and subscribed for the pay of threescore Horse in the Kings Army But he represented to His Majesty the Hazard of Scotland's concurring with the Two Houses which the King might easily apprehend both from the late carriage of their Commissioners and from what he knew of their Temper especially of the Ministers Zeal and Power with the People For his own part he said he was able to do the King small Service any where but having neither Interest friends nor followers in England he would be but a burden to His Majesty there but if he could signifie any thing it was in Scotland where he should use his utmost Endeavours to divert them from assisting the Kings Enemies for to expect Aid from them was not to be thought upon His Majesty judging this most expedient sent him to Scotland without any positive Instructions recommending only to him his Service in General of which he was so confident that he wrote the following Letter after him Hamilton and is sent by the King to Scotland I Have no time to write Particulars and to perswade you to serve me I suppose that I have less need than time therefore in a word this is a Time to shew what you are assuring you that at all times I will shew that I am Your most assured and constant Friend CHARLES R. MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment THE Marquis came to Edinburgh in the beginning of Iuly Great Jealousies of the King in Scotland and found very many disgusted with him for his late concurrence in the Council at York as a Peer of England He studied by all means to remove the wicked Insinuations which some in England had sent to Scotland against the King the most hurtful of them was about his favouring of Popery and his Designs of falling upon Scotland by Force as soon as he had mastered the Two Houses These were zealously propagated by the Emissaries from England and all Places sounded with the danger Religion was in so that he found his Negotiation was like to prove again unfortunate The only means by which he had any hopes of engaging Scotland in the Kings Quarrel was to move that an Invitation might be sent from Scotland to the Queen for her return whom the Tumults at London had driven beyond Sea that she might mediate for a Settlement betwixt the King and the Two Houses This he judged might insensibly draw them on to own the Kings Service for if the Queen came upon their Invitation they would be obliged in Honour to protect her and see that she met with no Injuries and to resent such as should be done her and therefore he sent a confident Friend to give His Majesty an account of the Posture things were in according to the following Instructions SHew His Majesty with what a prejudicated Opinion I was received by reason of what I have done at York which I still lie under Shew in what Temper I found this Kingdom occasioned as I conceive by the apprehension they have of His Majesties not observing what He hath already granted if He shall be in a Condition to force them seeâ—â—g it is believed that what He hath given was against His Will Next divers eminent Persons apprehend that if He obtain His ends by Force they will be neglected and Persons obnoxious to this Kingdom cherished Shew that some activâ— mâ—n will not lie