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
instructed They continued treating about this till the 20th of August but still declined to execute those particulars that were commanded and threatned to call an Assembly and Parliament themselves wherefore the Marquis craved again the space of twenty days to go and bring an Answer from His Majesty which he did to gain more time and to shew the King into what extremities they were now run and that it was necessary He should immediately break with them or give way to the full Career of their zeal The Marquis goes again to Court and so he took Journey on the 25th to Court But the first night he stopped at Broxmouth to consider with the Earls of Traquair Roxburgh and Southesk what advice to offer His Majesty who agreed on the following Articles taken from the Original penned by Traquair Articles of advice offered to His Majesty SInce the cause and occasion of all the Distractions which of late have happened both in Kirk and Polity seems to proceed from the conceived Fears of Innovation of Religion and Laws and that the Service-Book Book of Canons and the unbounded power of Bishops in the High Commission never yet warranted by Law was that which first gave ground and occasion to the Subjects Fears and seeing the said Books are offered to be proved to be full of Tenets and Doctrines contrary to the Reformed Religion professed and established within this Kingdom and the same introduced against all form and custom practised in this Church it were an Act of Iustice well beseeming so Gracious and Glorious a King absolutely and fully to discharge the same And seeing likewise this High Commission hath given so great offence to so many of Your Majesties good Subjects and as is constantly affirmed is of so vast and illimited a power and contrary to express Laws by which all such Iudicatories not established by Act of Parliament are declared to be of no force it would much conduce to the satisfaction of this People if this Iudicatory were discharged till the same were established by Law The practice of the Five Articles of Perth hath been withstood by the most considerable part of the Subjects of all qualities both Laity and Clergy whereby great Divisions have been in this Church and are like to have an increase if Your Majesty in Your accustomed goodness and care of this poor Kirk and Kingdom shall not be graciously pleased to allow that the pressing of these Articles may be forborn until the same may be considered of in an Assembly and Parliament and although we conceive Episcopaâ—y to be a Church-Government most agreeable with Monarchy yet the illimited power which the Lords of the Clergy of this Kingdom have of late assumed to themselves in admitting and deposing of Ministers and in divers other of their Acts and Proceedings gives us just ground humbly to beg that Your Majesty may be pleased to remit to the Consideration of the Assembly this their unwarranted Power The sense and apprehension of these foresaid Evils hath sâ—irred up the Subjects without warrant of Authority to joyn in a Bond and Covenant to withstand the foresaid Innovations and for maintainance of the true Religion the Kings Majesties Person and of one another in the defence thereof If Your Majesty might be graciously pleased in supplement hereof to allow or warrant such a Confession of Faith with such a Covenant or Bond joyned thereto as that signed by Your Majesties Father and by His Command by the Council and most part of the Kingdom we are very confident the same would be a ready and forcible mean to quiet the present Disorders at least to satisfie most part and if Your Majesty shall condescend to the foresaid Propositions we are hopeful if not confident it shall give so great contenâ— to so considerable a number of Your Majesties good Subjects of all qualities that if any shall stand out or withstand Your Majesties Royal Pleasure after the publication thereof they may be overtaken by Your Majesties Power within this Kingdom without the help or assistance of any Force elsewhere And because it is to be hoped that all that hath past in this business and all the Courses that have been taken herein by the Subjects hath proceeded from the foresaid Fears of Innovations and not out of any Disloyalty or dissatisfaction to Soveraignty and that Your good People may still taste the fruits of Your Grace and Goodness we wish Your Majesty may be graciously pleased upon the Word of a King to pardon what is past and never so much as to take notice of any of the Actions or Proceedings of what person soever who after this shall carry himself as becomes a dutiful Subject and in testification thereof shall give his best assistance for settling the present Disorders And if Your Majesty may be pleased to condescend hereto we conceive all Your Majesties Subjects Petitioners or Covenanters should acquiesce and rest heartily satisfied therewith and if any shall be so foolish or mad as notwithstanding this Your Majesties grace and goodness still to disturb the Peace of Your Majesties Government we in testification of our hearty thankfulness to our Soveraign by these humbly and heartily make offer of our Lives and Fortunes for assisting Your Majesty or Your Commissioner in suppressing all such Insolences or insolent persons Signed Hamilton Traquair Roxburgh Southesk From Broxmouth he went forward to wait on His Majesty and did shew him that unless he enlarged his Instructions he was to treat no further The Marquis advises the King to renew King Iames his Covenant since he saw the Contempt was like to be put on the last Instructions so visibly that he durst not make use of them lest he should thereby have exposed His Majesties Goodness to new Affronts And as he represented this to His Majesty so he told him nothing seemed so likely a Course for removing of Jealousies and settling all things as the Authorising the Covenant that upon King Iames his command was drawn up by Mr. Iohn Craig An. 1580 containing the renunciation of all the Articles of Popery which was the ground of the present Covenant The King reasons against that His Majesty did utterly disrelish the Proposition of signing that Covenant usually called the Negative Confession for he remembred how his Father had resented his doing of that as rash and indeliberate And it seemed strange to him that so many Negatives should be sworn to especially with such aggravations of Epithets as if one might not be firm enough to the Protestant Doctrine unless he not only abjured Popery in bulk but also by retail in so many particulars some whereof might be both uncertain and indifferent And it seemed tyrannical over tender Consciences to require such an Oath from all Persons but more especially from Women and simple People who could not judge well and so were not fit to swear in such nice points therefore the King said he looked upon the Remedy proposed as full
since these Arguments are as I conceive used for Your Service the Good of which shall be ever preferred by me before either Life or Fortune which I would willingly expose to all Dangers rather than You shall be pleased to lay this Employment on me for Your Majesties Affairs would be infinitely prejudiced thereby All which I humbly beseech You to take into Your Royal Consideration The King chuses Traquâ—ir to be Commissioner There was too much Justice in these Reasons and His Majesty was too full of Affection for him to press it any further therefore the King made choice of his Treasurer the Earl of Traquair for the Service making account that if he served honestly it would doe well if otherwise his Majesty would have good reason to shake him off Upon this he was presently called from Scotland The King also wrote for 14 of the Lords that were the chief Covenanters and writes for many Covenanters to come and wait upon him at Berwick that he might advise with them about the Affairs in hand But the true reason as was believed was to try what fair Treatment might doe with them This gave great Jealousies to the Covenanters who were not so blind as not to understand what the effect of this might prove And indeed some studied to infuse worse Jealousies as if the Design of calling for the Lords had been to send them all Prisoners to London In end they resolved none should go save three from each Estate the three Lords were the Earls of Montrose London and Lowthian and Lowthian was the person who pressed them most to send any for many had no inclinations to send at all But before they came to Berwick the King ordered the Marquis by a Warrant in writing yet extant under His Majesties Hand to try what way he could gain upon them and discover the bottom of their Intentions how the Estate of Bishops should be supplied in Parliament and how far they intended to lessen the Kings Authority The King also allowed him to use what means he pleased and speak to them what he thought fit not onely authorizing but requiring him to it and warranting him if he were ever questioned or accused for it by any Bearing date at Berwick the 17th of Iuly 1639. The Kings Trust in the Marquis It is easie from this to infer both how intirely His Majesty confided in him and how unjust they are who upon any Expressions he might then have used offer injury to his Memory and yet he managed this so cautiously that very little escaped him for which he could not have justified himself without this Order But so tender was he of His Majesties Reputation that when he was afterwards charged for some hard Speeches alledged to have been uttered at that time in all his written Defences he never made use of this Justification knowing how at that time it might have prejudiced His Majesties Service if it had been known that he gave such Warrants to those he imployed reserving to whisper it in His Majesties Ear when he should be admitted to his Presence And indeed till this appeared the Writer of these Memoires was not a little stumbled with some of his Speeches then uttered which were hard to be understood for having them so near the Fountain he could scarce doubt his Information but this Order reconciles the Truth of these Reports he had heard with the Marquis his Innocency The King gains Montrose The King was highly sensible of the Affront put upon him by hindering all he had called for to come to wait on him yet he resolved to bear as far as Humane Patience could go and studied to gain upon the Lords that came The Earl of Montrose was much wrought upon and gave His Majesty full Assurances of his Duty in time coming and upon that entred in a Correspondence with the King The other two were a little mollified but not gained onely from them the Marquis learned that all the Acts of Parliament for Episcopacy were to be abrogated by the next Parliament and that they designed to change the course of bringing in things to the Parliament by the Lords of the Articles as a Prelimitation upon the Parliament Whereupon the next thing to be done was to draw Traquair's Instructions which was not done without great and long Consultation none being privy to it besides the Marquis and Traquair himself That which made the King so tender was his Zeal for Episcopacy but Traquair helped him out of all Difficulties by telling him that doe the next Parliament what it would there were still good grounds to introduce Episcopacy when ever the King was able to carry it for Bishops being by all the Laws of Scotland one of the three Estates of Parliament no Act that passed without them could have force in Law much less the Act that abolished them especially they not appearing or consenting to it but protesting against it This gave much ease to the Kings thoughts and so on the 27th of Iuly Traquair's Instructions were signed which follow as they are taken from a Copy of them under the Marquis his Hand CHARLES R. AT the first Meeting of the Assembly Traquair 's Instructions before it be brought in dispute who shall preside you shall appoint him who was Moderator in the last Assembly to preside in this till a new Moderator be chosen We allow that Lay-elders shall be admitted Members of this Assembly the but in case of the Election of Commissioners for Presbyteries Lay-elders have had Voice you shall declare against the informality thereof as also against Lay-elders having voice in Fundamental Points of Religion At the first opening of the Assembly you shall strive to make the Assembly sensible of Our Goodness that notwithstanding all that is past whereby We might justly have been moved not to hearken to their Petitions yet We have been Graciously pleased to grant a Free General Assembly and for great and weighty Considerations have commanded the Archbishops and Bishops not to appear at this Assembly You shall not make use of the Assessors in publick except you find you shall be able to carry their having Vote in Assembly You shall labour to your uttermost that there be no question made about the last Assembly and in case it come to the worst whatever shall be done in Ratification or with relation to the former Assembly Our Will is that you declare the same to be done as an Act of this Assembly and that you consent thereunto onely upon these terms and no ways as having any relation to the former Assembly You shall by all means shun the Dispute about Our Power in Assemblies and if it shall be urged or offered to be disputed whether We have the Negative Voice or the sole Power of Indicting and consequently of Dissolving except you see clearly that you can carry the same in Our Favours stop the Dispute and rather than it be decided against Vs stop the
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
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
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
55. l. 16. after This add I. p. 120. l. 7. after all r. he p. 130. l. 37. require r. required p. 145. l. 7. dele will after it and r. will after Assembly p. 161. l. 18. for Mirtland r. Maitland p. 178. l. ult for Cumbermwald r. Cumbernald p. 219. l. 22. after Hamilton r. William Earl of Morton p. 225. l. 11. refore r. therefore p. 240. l. 6. after by for that r. these p. 242. l. 22. after at r. that p. 279. l. 2. emitted r. remitted p. 283. l. 26. berid r. be rid p. 284. l. 23. for stop r. step p. 334. l. 9. met r. meet p. 342. l. 17. did we r. we did p. 368. l. 5. which upon r. upon which p. 384. l. 23. after guards r. that p. 387. l. 51. apart r. a part p. 388. l. 12. after were r. clear p. 408. l. 30. after despise dele at p. 423. l. 2. after though r. the. ibid. l. 4. after vertue r. he p. 427. l. 8. for greater r. regrate p. 428. l. 26. wrack r. rack ibid. l. 50. after heavy r. on p. 429. l. 44. Death r. die p. 431. l. 26. after about for him r. himself The Contents of the Seven Books Lib. I. Of what happened from his Father's Death till the Year 1638. Lib. II. Of what passed when he was the King's Commissioner in Scotland in the Years 1638 and 1639. Lib. III. Of what passed after he laid down his Commission till July 1642. Lib. IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment Lib. V. Of the Duke's and his Brother's Imployments after his Enlargement till the Year 1648. Lib. VI. Of the Duke's Engagement for the King's Preservation and what followed till his Death Lib. VII A Continuation of Affairs till Worcester-Fight MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB I. Of what happened from his Fathers Death till the Year 1638. JAMES Marquis of Hamilton died at London in March 1625. An. 1625. and was succeeded in his Honour and Fortune by his Eldest Son and Heir Iames afterwards created Duke of Hamilton The Marquis succeeded his Father whom his Father had brought with him to England some years before and was then in the Eighteenth year of his Age and sent to prosecute his Studies at Oxford from whence he was called to see his Father die and came in time to receive his last advices and blessings Thus died that Great and Illustrious Person in the flower and vigour of his Age being then but 36 years old He was in great Esteem in both Kingdomes His Fathers Character equally dear to the Soveraign and the Subjects and it was certain no person could have disputed with him the Kings Affection and Confidence the Duke of Buckingham onely excepted His serving as Commissioner for the King in the Parliament 1621. had much lessened his Interest in Scotland for these five Articles of Perth where the Assembly of the Church that settled them was held commonly called the Five Articles were generally so odious that his carrying the Settlement of these in Parliament drew much dislike from all that Party which was then called Puritan but his carriage in that Parliament gained him as much trust and favour with the King as ever man had The King created him Earl of Cambridge a Title that was never conferred on any but such as were of the Royal Blood he made him also Knight of the Garter and Lord-Steward of the Houshold King Iames was likewise glad to see his Friendship for my Lord Marquis and his Family like to prove Hereditary by the kindness he saw growing up with the Prince for his Son in whose youth there was an agreeable Sweetness which gained an early room in the Princes Affections and took so deep rooting there that nothing was ever able to deface it and as he had the Honour to be the Princes nearest Kinsman by the Royal Blood of Scotland so he spent several of his younger and more innocent years in his company and when the Prince was in Spain he made one of that honourable Train that went to wait on his Highness But since the following Narration is to be filled with great and considerable Transactions wherein this Marquis was so eminently engaged I shall dismiss such Particulars as were of less concernment and therefore at one step shall leap over the whole tract of his Youth neither shall I interrupt my Narration of Publick Matters with Accounts of his Personal and Domestick Affairs which shall be referred to one place in which as I give his Character such of those as are fit to be made publick shall be mentioned neither will I here offer any further Account of his Father but what shall be the matter of the whole following History which is that he was the Father of two such excellent Sons King Iames as he received the tidings of his Death with much grief King Iames his Death so he Prophetically apprehended that as the Branches were now cut down the Root would quickly follow for the Duke of Richmond died about the same time likewise This Marquis his Death was followed with an universal regrate and I sind divers of the English Nobility in their Letters to his Son expressing their Affection and Esteem for the Father in terms beyond the cajolery of Civility or Complement The loss of so great and such a tenderly affectionate Father meeting the sweet Disposition and dutiful Love of the Son could not but prove very afflicting to him but this private Grief was followed by a publick Calamity brought upon these Kingdoms by the Death of King Iames on whose Character I shall not adventure since it is without the lines of my Work The Marquis sent down his Fathers Corps to Scotland The Marquis leaves the Court. where it was nobly interred in the Burial-Place of that Family but could not follow it himself being obliged to wait and assist at the Coronation of King Charles the first which shortly followed where he carried the Sword of State before the King and he found the Crown had rather heightned than lessened the new Kings Affection for him But within a little he resolved to return to Scotland to look to his own Affairs which were in great disorder by his Fathers magnificent Nobleness who notwithstanding his being Lord Steward and the benefit of other Places he enjoyed had far outrun himself at Court But indeed his Son had too much of his own Temper and was too Generous to be very Frugal During his absence from Court his Majesties Affection for him appeared not only in his ready granting of every thing was moved for his advantage but in the kind Letters which upon different occasions he wrote to him with his own Hand not to mention the many publick ones he got upon all occasions In one of them the King writes James An. 1627. THE reason why your Business
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-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
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
shall have more certainty by my next I have sent for Arms to Holland for 14000 Foot and 2000 Horse for my Ships they are ready anâ— I have given Order to send three for the Coast of Ireland immediately under pretence to defend our Fishermen Last of all which is indeed most of all I have consulted with the Treasurer and Chancellour of the Exchequer for Money for this years Expedition which I estimate at two hundred thousand pounds Sterlin which they doubt not but to furnish me more I have done but these are the chief heads Now for your Advice I desire to know whether you think it fit that I should send six thousand Land-men with the Fleet that goes to the Frith or not for since you cannâ—t secure me my Castle of Edinburgh it is a question whether you can secure the landing of those men and if with them you can make your self Master of Leith to fortifie and keep it of this I desire you to send me your Resolution with all speed I leave it to your consideration whether you will not think it fit to see if you can make all the Guns of the Castle of Edinburgh unserviceable for any body since they cannot be useful for me Thus you may see that I intend not to yield to the Demands of those Traitors the Covenanters who I think will declare themselves so by their Actions before I shall doe it by my Proclamation which I shall not be sorry for so that it be without the personal hurt of you or any other of my honest Servants or the taking of any English place This is to shew you that I care not for their affronting or disobeying my Declaration so that it go not to open mischief and that I may have some time to end my Preparations So I rest Your assured constant Friend CHARLES R. Greenwich 20 June 1638. The Marquis did again send a new Dispatch much of the same strain with the former before he had received this Letter representing the great hazards he apprehended from a Breach and that he feared the King would be faintly followed by the English withall he gave the King a large account of the Explanation was offered to that part of the Covenant by which they were bound to mutual Defence to which His Majesty wrote the following Answer Hamilton I Must needs thank you that you stand so close and constantly to my Grounds and you deserve the more since your fellow-Counsellours do rather dishearten than help you in this business for which I swear I pity you much There be two things in your Letter that require Answer to wit the Answer to their Petition and concerning the Explanation of their damnable Covenant for the first the telling you that I have not changed my mind in this particular is Answer sufficient since it was both foreseen by me and fully debated betwixt us two before your down-going and for the other I will onely say that so long as this Covenant is in force whether it be with or without Explanation I have no more Power in Scotland than as a Duke of Venice which I will rather die than suffer yet I commend the giving ear to the Explanation or any thing else to win Time which now I see is one of your chiefest cares wherefore I need not recommend it to you Another I know is to shew the World clearly that my taking of Arms is to suppress Rebellion and not to impose Novelties but that they are the seekers of them wherefore if upon the publishing of my Declaration a Protestation should follow I should think it would rather doe right than wrong to my Cause and for their calling a Parliament or Assembly without me I shâ—uld not much be sorry for it would the more loudly declare them Traitors and the more justifie my Actions therefore in my mind my Declaration would not be long delayed but this is a bare Opinion and no Command Lastly my resolution is to come my self in person accompanied like myself Sea-forces nor Ireland shall not be forgotten the particulars of which I leave to the Comptrollers relation as I do two particulars to the Archbishop of Canterbury which you forgot to mention in my Letter and so I rest Your assured constant Friend CHARLES R. Greenwich 25 June 1638. Upon this the Marquis spoke big to them The Marquis threatens the Covenanters and threatened to leave the Imployment and go to Court but to return to Scotland again shortly attending His Majesty in another posture This cooled their Courage a little for they were not then in a posture for a Breach and so they spoke more mildly saying who speak with more submission That they were sorry His Majesty mistook their good and innocent Intentions all they designed being the preservation of Religion and Laws and that if these were secured they would demean themselves in all time coming as good Subjects he said If they would all go home to their Houses he would beg liberty to wait on His Majesty with their Desires and return them an Answer within three weeks or a month But the true reasons that moved him to desire permission to go up were that hereby he gained so much more time as also he would more fully inform the King of the state of Affairs and see in what forwardness the Kings Preparations were but chiefly to try what he could prevail about establishing the Confession of Faith which had passed in Parliament 1567 for he judged if His Majesty did sign and authorize that Confession with a Bond for defending it in subordination to the Kings Authority The Marquiâ— asks leave to go to Court it might give full satisfaction to all that there should be no Innovation in Religion at least the Vulgar who had been poisoned with those Fears might be recovered a considerable party of the Covenanters gained and His Majesties Cause made more favourable to all the World This was not to be moved or managed by Letters therefore he begged permission to wait upon His Majesty which the King granted in the following Letter Hamilton YOurs of the 24th though it be long requires but a short Answer it being onely to have leave to come up and obtains iâ— of His Majesty which is grounded upon so good reason that I cannot but grant it Some Considerations in the mean time I think fit to put to you first to take heed how you engage your self in the way of Mediation to me for though I would not have you refuse to bring up to me any Demand of theirs to gain time yet I would not have you promise to mediate for any thing that is against my Grounds for if you do I must either prejudice my self in the granting or you in denying then I would have you take care that no more Subscriptions be urged upon any especially of Council or Session lastly that you leave such encouragement to these few that have not yet forsaken my Cause that
they may be aâ—sured as well as I that your up-coming is neither to desert them nor it And thus certainly if as you write you get the mutinous Multitude once dispersed you will have done me very good Service for I am confident that my Declaration published before your coming away according to the Alterations that I have given you leave to make will give some stop to their Madnesses however your endeavours have been such that you shall be welcom to Your assurâ—d constant Friend CHARLES R. Greenwich 29 June 1638. The King did also signifie to him by my Lord of Canterbury that he appointed him to adde to the Declaration some general words giving hopes of an Assembly and Parliament by whom also he gave him Warrant for calling the Session to Edinburgh To this I shall adde a Letter of the Bishop of Ross to the Marquis which will shew what sense the Bishops had of his Proceedings all this while My Lord may it please your Grace Letter from the Bishop of Ross to the Marquis WE are exceeding sorry to hear that the success of your Lordships Travels in this difficult Business is otherwayes than good Christians and Subjects do wish and heartily pray for but on the other part are glad to hear from our Friends there that whereof we were ever confident that nothing is omitted by your Lordship to effectuate what is necessary for His Majesties Honour and expedient for the good and quiet of that poor distracted and distempered Kingdom For my own part give me leave without either flattery or presumption to say ingenuously that the Course your Lordship keeps seemeth to be such as all good and wise men must approve your Lordships wisdom and Loyalty Infallibly the fruit will be besides the Warrant your Lordship hath in your own Conscience by this Noble and Wise carriage your Lordship must be more if any accrewment can be to former Deserts beloved of your Master it will indear your Lordship more to all good wise and well-affected Patriots and oblige all especially honest Church-men to be your Servants It cannot seem strange to any wise heart who looks on the Distemper of that Kingdom wherein is the concourse of so many different and divers Distempers where so many of all sorts of different Iudgements and no less variety of Affections are so strongly engaged and where many have their own private ends that the best wisest and most powerful Agents are not able on a sudden to rectifie their Iudgements cure their Affections and by disappointing the private intentions of some to reduce all to Order Peace and Quiet In any great Work of this strain we must all rely somewhat more on the wise and gracious Providence of God than in other ordinary accidents He is able to work good out of ill light out of darkness and order out of confusion which I pray God heartily we may see to His Glory the Kings Honour and Peace of the Church and State without any other effect upon any author or abetter of these Disorders but of Gods Mercy and His Majesties Royal Clemency In this I fear I have exceeded more possibly than becomes me with your Grace but as I humbly beg pardon so I trust your Lordships Goodness will easily pardon the expressions of a poor Heart surcharged with grief not so much flowing from or following the fear of any Personal or Private evil can befall it as fearing the danger the Publick is in because of our Sins which are calling for Vengeance God of his Mercy give us Repentance and be merciful to that Church and State We can return nothing for your Lordships care and kindness to us but humble and hearty thanks and earnestly pray God Almighty for all Honour Wealth and Happiness to your Lordship here and hence As your Lordship hath commanded us we shall go from hence and where we pitch our abode with the first opportunity shall acquaint your Lordship We were adâ—ised by our best friends to doe so before we received your Lordships but that Obedience we owe and promised to His Majesty and your Lordship made us that we would not stir for any Advertisement or Advice how necessary or affectionate soever till we had your Lordships Warrant All that kind respect which is above our desert and condition and tender care your Lordship hath expressed to us for our safety and that which your Lordship hath superadded out of your noble Bounty desiring us to be so bold as to shew your Lordship what Money or any thing else necessary we stand in need of that your Lordship may supply our necessity in this hath so perplexed us for a time that we knew not what to choose on the one part being ashamed to doe it both because it seemeth impertinent and incongruous to trouble one of your Lordships Honour Place and Imployment with matters of this kind and especially so unreasonably at such a time when your Lordship is at such charge for the Honour of His Majesties Service as also that we are unprofitable and cannot be useful to your Lordship in any kind and so how should we to other troubles we make your Lordship adde this to be chargeable yet your Lordships noble and generous offer and the necessity we are cast into at this present that what is our own or due to us we cannot command and know as little who will do us the favour at this time to trust us hath made us seeing Obedience is better than Sacrifice to cast our selves upon your Lordships Bounty and Favour fearing on the one part your Lordship may be offended if we doe it not and on the other that otherwise we cannot be provided Therefore I humbly intreat your Lordship to let me have with the Bearer a hundred and fifty Pieces payable at Whitsunday next with the Interest or Martinmass as your Lordship pleases for which your Lordship shall receive from the Bearer my own personal Bond. Here and at this time I cannot give better Security but by Gods Grace your Lordship shall be in no danger come the world as it will I have more than need to beg humble pardon for my unmannerly and impertinent importunities in troubling your Lordship at this time taken up with weighty Affairs if it were but to read this long Paper and that I offend no more in this kind I shut up all with my hearty Prayers to God Almighty for all Honour and Happiness to your Lordship and an effectual blessing upon your Travels So wisheth he who shall be whilest he lives Your Graces most humble and bounden Servant IO. ROSSEN Berwick 29 June 1638. The Marquis had Orders from His Majesty to see the Bishops or other Churchmen who suffered for their Duty relieved out of the Treasury but that was exhausted yet the Marquis was careful that none of them should want and therefore supplied them liberally out of his own Money even without taking from them any Legal Security for repayment as appears by
Our Council by Our Letter to that effect CHARLES R. Oatlands the 9th of Septemb. 1638. With these His Majesty did also sign the following Instructions for his behaviour with the Bishops CHARLES R. Instructions to be communicated to the Bishops YOV shall shew My Lord of St. Andrews that We intend by being content with his demission of the Chancellours Place no injury to him and most willing We are that in the manner of doing it he may receive no prejudice in his reputation though we cannot admit at this time of his nominating a Successor and to make it more plain that We are far from having any thought to affront him by thinking of his demission We will in no ways that you urge him to do it yet you are to intimate that in Our opinion a fair Demission will prove more to the advancement of Our Service and be better for him than if he should retain the Place If you find him willing to demit you shall then try what consideration he doth expect from Vs and if the same be not altogether unreasonable you shall promise it in Our Name If a demission then it is presently to be done If he resolve to hold that Place then you must prâ—sently command his repair to Scotland all excuses set apart You shall communicate to him and the rest of his Brethren that far of Our Intentions that it is probable you may indict a General Assembly Thai We are content absolutely to discharge the Books of Service and Canons and the High Commission You shall shew that the Five Articles of Perth We are pleased be esteemed as indifferent and that though We maintain Episcopacy yet We will be content that their Power be limited according to the Laws And it is Our further Pleasure that if an Assembly be indicted he and the rest of his Brethren be there to defend themselves and their Cause and for that end that he and they repair to Newcastle Morpeth or Berwick there to attend your further advertisement that so immediately they may repair to Scotland not only to answer for themselves at the said Assembly but likewise to consult with you what will be fiâ—test to be done for the advancement of Our Service that evil may be kept off so much as in you and them lieth both from Kirk and Commonwealth C.R. Oatlands the 9th September 1638. As for the Place where the Assembly should be held The Assembly was to sit at Glasgow though in the written Instructions it is referred to my Lord Commissioners choice Edinburgh only excepted yet it seems it hath been concerted betwixt the King and him where it should hold for in a Paper concerning the Assembly presented by the Marquis to the King yet extant where mention is made of the Place of the Assembly the King with His Own hand interlined Glasgow if may be and without doubt that was the fittest place for as the City was large and convenient so the Magistracy there was right set Besides it was next to the place of the Marquis his Interest whereby his power for over-ruling them might have been greatest neither was it fit they should go so far from the scene as Aberdeen which was advised by my Lord St. Andrews since for the Strangers it would have been all to one purpose for thither they would all have flocked and it seemed not so proper they should meet in a Place or Country which was still well set lest the numbers and boldness of those Strangers had either poysoned or frighted them from their Duty But to make the whole matter clear I shall here set down the Covenant and Bond which were now enjoyned by His Majesty WE all and every one of us underwritten protest The National Covenant first signed by King Iames and now received by the Kings Order that after long and due examination of our Consciences in Matters of true and false Religion we are now thorowly resolved in the Truth by the Word and Spirit of God and therefore we believe with our Hearts confess with our Mouthes subscribe with our Hands and constantly affirm before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing Salvation to man which is now by the Mercy of God revealed to the World by the preaching of the blessed Evangel and received believed and defended by many and sundry notable Kirks and Realms but chiefly by the Kirk of Scotland the Kings Majesty and the Estates of this Realm as Gods eternal Truth and only ground of our Salvation as more particularly is expressed in thâ— Confession of our Faith stablished and publickly confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majesty and whole body of this Realm both in Burgh and Land to the which Confession and form of Religion we willingly agree in our Consciences in all points as unto Gods undoubted Truth and verity grounded only upon his written Word and therefore we abhor and detest all contrary Religion and Doctrine but chiefly all kind of Papistry in general and particular Heads even as they are now damned and confuted by the Word of God and Kirk of Scotland But in special we detest and refuse the usurped Authority of that Roman Antichrist upon the Scriptures of God upon the Kirk and Civil Magistrate and Consciences of men all his tyrannous Laws made upon indifferent things against our Christian Liberty his erroneous Doctrine against the Sufficiency of the written Word the perfection of the Law the Office of Christ and his blessed Evangel his corrupted Doctrine concerning Original Sin our natural inability and rebellion to Gods Law our Iustification by Faith only our imperfect Sanctification and obedience to the Law the nature number and use of the Holy Sacraments his Five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the Word of God his cruel Iudgements against Infants departing without the Sacrament his absolute necessity of Baptism his blasphemous opinion of Transubstantiation or real presence of Christs Body in the Elements and receiving of the same by the wicked or bodies of men his Dispensations with Solemn Oaths Perjuries and degrees of Marriage forbidden in the Word his cruelty against the Innocent divorced his devilish Mass his blasphemous Priesthood his profane Sacrifice for the sins of the dead and the quick his Canonization of men calling upon Angels or Saints departed worshipping of Imagery Reliques and Crosses dedicating of Kirks Altars Days Vows to Creatures his Purgatory Prayers for the Dead praying or speaking in strange Language with his Processions and blasphemous Litany and multitude of Advocates or Mediators his manifold Orders Auricular Confession his desperate and uncertain Repentance his general and doubtsome Faith his Satisfactions of men for their sins his Iustification by Works Opus operatum Works of Supererrogation Merits Pardons Peregrinations and Stations
offer or intend any injury or revenge against them or any one of them for the Premises making his cause and part that is pursued all our parts notwithstanding whatsoever privy grudge or displeasure standing betwixt us which shall be no impediment or hinder to our said effauld joyning in the said common cause but to lye over and be misken'd till they be orderly removed and taken away by the Order under-specified To the which time we for the better furtherance of the said Cause and Service have assured and by the tenour hereof every one of us taking the burden upon us for our selves and all that we may let assure each other to be unhurt unharmed or any ways to be invaded by us or any our aforesaids for old Feid or new otherwise than by ordinary course of Law and Iustice neither shall we or any of our foresaids make any Provocation or Tumult Trouble or Displeasure to others in any sort as we shall answer to God and upon our Honours and Fidelity to His Majesty And for our further and more hearty Vnion in this Service we are content and consent that all whatsoever our Feids and Variances fallen or that may fall out betwixt us be within forty days after the date hereof amicably referred and submitted to seven or five indifferent Friends chosen by His Majesty of our whole number by their moderation and arbitrement compounded and taken away And finally that we shall neither directly nor indirectly separate or withdraw us from the Vnion and Fellowship of the remanent by whatsoever suggestion or private advice or by whatsoever incident regard or stay such resolution as by common deliberation shall be taken in the premises as we shall answer to God upon our Consciences and to the World upon our Truth and Honours under the pain to be esteemed Traitors to God and His Majesty and to have lost all Honour Credit and Estimation in time coming In witness whereof by His Majesties special Command Allowance and Protection promised to us therein we have subscribed these presents with our Hands at 1589. The Marquis being thus again dispatched took journey to Scotland and at Ferrybridge he met the Bishops The Marquis finds the Bishops jealous of him to whom he signified His Majesties Pleasure at which they seemed infinitely grieved and spoke against it with so great vehemency as clearly told they were no way pleased with the Marquis yet they resolved to keep the Assembly and in the mean while to send one of their number to Court to which he gave way The Archbishop of S. Andrews seemed willing on a good Composition to quit his Place of Chancellour and the Marquis offered him 2500 l. Sâ—erlin with which he was satisfied Hitherto the Marquis had wrestled against the Malice and Jealousies of the Covenanters and now Storms begun to rise from another Hand which ceased not to persecute him to his Grave but the Truth of this Narration will best discover both their Injustice who charged him and his Innocence He holding on his Journey came to Holyroodhouse on the 17th of September He comes to Scotland and finds some Jealousies amongst the Covenanters where he found Jealousies beginning to arise betwixt some of the wiser Ministers and the Lords of the Covenant concerning the Lay-ruling-elders which he was resolved to cherish with all the Art he was master of causing some represent to the Ministers that if they gave way to that inordinate Power Gentlemen were pretending to in Church-matters it might end in a greater Servitude than any they had ever reason to fear from either King or Bishops this was well considered by many but they were over-ruled He also found the Covenanters were ready immediately to have indicted an Assembly if he offered at any more delays and therefore resolved to give them present satisfaction But his first Work was to deal with the Lords of the Council most of whom he found abundantly satisfied with His Majesties Gracious Offers so that he began again to gather some hopes and to the first accounts he gave His Majesty he had the following Return Hamilton IF I should be too long silent I might seem to contradict that Rule which my self prescribed therefore though for the present I can say nothing of the main business yet this must go if it were but to acknowledge the receipt of your two viz. of the 12th of September from Ferribridge and of the 17th of the same from Holyrood-house So referring you to the Comptroller for what concerns the Ordnance that is to be transported to Hull I rest Your assured constant Friend CHARLES R. Hampton-Court 22 Sept. 1638. Upon the 20th of September the Covenanters sent to ask the Marquis when they might wait on him to know His Majesties Pleasure The Marquis lets the Kings intentions to be known he answered when they would for he was resolved to hold a Council next day and the day following to publish it So on the 21th in the morning they came to him he told them he was going to Council to make His Majesties Pleasure known which should be also known at the Cross next day but for their present joy he told them that the King had granted all they had desired and more also and that a free Assembly and Parliament should be immediately indicted Some did hang their heads and seemed surprized yet they expressed thanks He also spoke frankly to some of them telling them what the particulars were which His Majesty had granted for having opened them to so many PrivyCouncellours at which the Covenanters were troubled he could not think but all was known to them They seemed reasonably well satisfied onely they pressed him to desist from renewing the Confession of Faith for they clearly saw that this could not but take off a great many and would heal most of the Subjects of the Jealousies they had been infusing in them but he resolved to hear of no delay having made most of the Councellours sure before-hand and that by Oath The Council sat in the afternoon and it was a very frequent Meeting After they were set the Marquis with all the Art and Industry he could think of He proposes the matter in Council laid out His Majesties Gracious Intentions for the Preservation of the true Reformed Religion and the Laws and Liberties of that Kingdom and that for the saving it from utter ruine and keeping of peace in the Land he had done many things to which he had never been induced to have given way except out of that Consideration Then was the Kings Letter to the Council read which was of the same strain with the Instructions after which there was a general silence But the Marquis not willing that should last long much less that any whose affection he suspected should begin the Discourse desired Traquair to speak who spoke as he used to do both long and well After that he called up ten or twelve of whom he was
Interest which he could offer unto His Majesty and he would be sure of all his Men there such naked Rogues as they were is his own phrase Besides there were store of Cows in that Island for the provision of the Fleet which he appointed should not be spared Thus was the Design laid down for curbing the Scotish Insolences and layes down methodâ— for the effectuating of his design yet His Majesty firmly resolved that when-ever they returned to their Obedience he should not be inexorable The first thing for prosecuting this Design was the looking for Officers and Money for the former England was pretty scant yet the best were sought out On the second of February the King named the Earl of Arundel to be General the Earl of Essex to be Lieutenant-General of the Foot and the Earl of Holland to command the Horse Letters were also sent through the Counties for levying of Men and Advertisements given to the Nobility to meet the King at York against the first of April Antrim undertook bravely and Strafford said he should doe what was possible with all expedition The Fleet was appointed presently to be rigged out and Orders issued out for levying five thousand Souldiers under the Command of the three gallant Colonels Morton Byron and Harecoat who should go with the Fleet without knowing whither they went A Commission for the Lieutenantry of the North of Scotland was sent to the Marquis of Huntley but he was ordered to keep it up as long as was possible and carefully to observe two things One was not to be the first Aggressor except he were highly provoked or His Majesties Authority signally affronted the other was that he should keep off with long Weapons till His Majesty were on the Borders lest if he should begin sooner the Covenanters might overwhelm him with their whole Force and either ruine him or force him to lay down his Arms. As for the Marquis his Employment he told His Majesty that though he was so far from declining his Service at such a time that he should be infinitely troubled if he were not imployed yet he desired the King might choose a fitter person for the Naval Forces since he was altogether unacquainted with Sea-affairs and not fit for such an important Service But His Majesty looking upon this as an effect of his Modesty gave no hearing to it telling him that as for Affairs purely Naval Sir Iohn Pennington the Vice-admiral should go with him and would abundantly supply his defects in that But the getting of Money was the hardest part of all for two hundred thousand pound Sterlin was all the Money the King could make account of The Treasury was much exhausted and an unlucky Accident fell in at that time which put the King to much extraordinary Expence the Queen-Mother of France coming over to England yet the King found Himself able to doe well enough for the Summer following but His Purse could not weather out another year Thus did the King frame and prosecute His Design with the Secret whereof very few were trusted it being communicated to none without reserve save to Canterbury Arundel Sir Henry Vane and by Letters to Strafford but above all to the Marquis But here this Narration must be stopt that we may take a view of Scotland The Covenanters prepare for War and of the Power and Practices of the Covenanters In the beginning of Ianuary there was a full Meeting of them at Edinburgh where they first resolved to send a Gentleman to the King with the Assemblies Letter and a Petition from themselves full of Submission to the King Invectives against the Marquis and Justifications of their Procedure in all things particularly in the late Assembly which they doubted not they should make appear in the ensuing Parliament of the holding whereof they seemed to make no question With this the Earl of Argyle wrote a general Vindication of his own Behaviour and these Letters were sent to Court by Mr. Winram His Majesty received their Petition but resolved to give it such an Answer in due time as their Behaviour deserved but he wrote back to Argyle that he should be willing to receive from his own mouth a Vindication of his late Behaviour though it seemed scarce capable of any The Covenanters their next and indeed chief care was to fortifie themselves against what they knew in reason they might quickly expect Orders were therefore given through all the Shires of Scotland that a Committee of War should sit in every Shire Souldiers be listed and trained and a Commissioner sent from every County to lie at Edinburgh for receiving and transmitting of Orders Great care was also taken to provide the Country with Arms and Ammunition Merchants were sent every where to buy up all were to be had and in a short time there were Arms for above thirty thousand men brought to Scotland and particular Orders were given that none should be sold but to such as were well-affected to the Cause Strong and strict Guards were set about the Castle of Edinburgh so that it being but hitherto ill furnished little was to be expected from it wherefore Ruthwen would not shut himself up within it but went to offer his Service to His Majesty where he might be more useful They were also careful to fortifie Leith apprehending hazard from the Kings Fleet and about fifteen hundred of all Sexes yea and all Qualities for encouraging of others wrought about it till the Fortifications were compleated But of all men the Ministers were the busiest the Pulpits did ring with the Ruine of Religion and Liberties and that all might look for Popery and Bondage if they did not now quit themselves like men and are much inflamed by the Ministers Curses were thundred out against those who went not out to help the Angel of the Lord against the mighty so oddly was the Scripture applied and to set off this the better all was carried on with many Fasts and Prayers and they forgot not to pretend much Duty and Affection to the King but the Bishops and his other ill Councellours as they called them got the blame of all and none more than the Marquis By these means it was that the poor and well-meaning People were animated into great extremities of Zeal resolving to hazard all in pursuance of the Cause for they were told that the design was to reduce Scotland to a Province under the Power of the English whose Oppression they must resolve to bear if they stood not now to their own Defence Upon this it was that the Committees for War which were held in the several Shires about the beginning of February found small resistance and no difficulty of levying Men greater numbers being offered than could be either armed or maintained At Edinburgh the Session met with great trouble from the Covenanters The Session is disturbed for the greater number of the Lords of the Session being resolved not to own the Assembly all
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
have heard nothing of but We are easily induced to believe that what you wrote of his undutiful Carriage is true and that you will easily make it appear to which We will give no unwilling Ear. Thus you have your last Letter answered with what for the present and on such a sudden hath come into Our thoughts and so We bid you Farewell Whitehall Octob. 1. 1639. The Parliament sate at Edinburgh the day appointed The Parliament sits in Scotland but their Actings can onely be overly related they being too remote from the Marquis his Story so that onely such Generals are to be hinted as occur among his Papers They consented that for that time Traquair as Commissioner should name those Lords of the Articles that were for the Nobility who should have been named by the Bishops but protested it should be no Precedent for the future And they went roundly to take away the Lords of the Articles totally and were framing all their Acts at the rate of the Assembly But Traquair finding he could not hold pace with them and keep close to his Instructions to the Letter of which he resolved to adhere and is quickly prorogued did on the 30th of October prorogue the Parliament to the 14th of November next The Covenanters though they resolved not to sit till the day to which it was prorogued yet protested against the Legality of any Prorogation without consent of Parliament and sent up the Earls of Dumfermline and Lowdon with the Acts of the Assembly to the King desiring he would order his Commissioner to give way to their Ratification in Parliament as also to purge themselves of any Misrepresentations the King might have received of their Actions They came to London on the 8th of November but His Majesty resolved not to see them since they came from Scotland without His Commissioners Warrant wherefore they were commanded presently to return home They sent a Letter to the Marquis for he would not see them desiring him to interpose for procuring them a Hearing and that they might not be condemned unheard whose Answer was That the Order which the King had sent them was upon mature Deliberation and that nothing remained for them but Obedience so they returned And the King ordered Traquair to prorogue the Parliament Proroguing and Adjourning are all one in Scotland to the second of Iune next and to come up and give an account of Affairs which accordingly he did but got a cold Reception the King being highly displeased with his Subscription of the Covenant as was before marked But he complained that he could have no Assistance from them to obtain any thing if he had not done that and that it was impossible to prevail with these People Traquair incites the King to a new War except by Force or by a total Compliance The Bishops failed not to take advantage at this trip of his to pursue him with much eagerness and he to recover himself was the more earnest to press the King to a new Invasion assuring him that Ruthwen was so strong in the Castle of Edinburgh that he would teach them their Duty and was very formidable to them He also furnished the King with a great many Grounds for justifying his following Procedure against them a chief one being a Letter he had got which the Covenanters had written to the French King desiring his Protection and Assistance which was High Treason by the Law of Scotland as being a Treaty with a Foreign Prince without the Kings Permission And upon these Grounds it was that the Earl of Traquair was afterwards pursued as the Grand Incendiary The Marquis saw there was too much Ground for His Majesties Resentments either to contradict or condemn them but that which grieved him was that he saw not a way how His Majesty should be able to defray the Expence of a War without calling a Parliament in England which was no less formidable to the Court than the Covenanters in Scotland they foreseeing what followed At this time the Covenanters sent up their Petition to His Majesty by one Cunningham desiring permission to send some of their Number for their own Vindication which His Majesty granting the Earls of Lowdon and Dumfermline were again sent up But Lowdon being accused of that Letter to the French King The Earl of Lowdon committed to the Tower was committed to the Tower Yet he vindicated himself first that the Letter was not finished and had neither Date nor Direction since that which was on the back of it Au Roy was added afterwards and by another Hand next that it was written before the Pacification and so was buried by the Oblivion that it was never sent and that it was designed onely that the French King should interpose and mediate for them Upon all this he offered himself to a strict Trial by his Peers in Scotland but added that he being sent by the States of Scotland and come upon His Majesties Warrant was first to be returned a Freeman thither and thereafter to be accused and tried This Accident troubled the Marquis extremely for he knew it would raise Clamours against His Majesties Justice among those who were inclined to misconstrue his Actions and indeed it was highly resented by the Scotish Lords as a violation of the Law of Nations to meddle with any publick Messenger but the King judged no Consideration could warrant his Subjects to commit Treason nor secure them from Trial and Censure when found Guilty There were some ill Instruments about the King who advised him to proceed capitally against Lowdon which is believed went very far but the Marquis opposed this vigorously assuring the King that if that were done Scotland was for ever lost They would then have somewhat to pretend against so much as Petitioning and Treating besides it was against the Laws of Scotland to proceed against a Scotish Peer for a Crime committed in Scotland but by the Peers of Scotland And after all this he assured His Majesty that he knew few of the Covenanters who might be more able to serve the Kings Interest and could be more easily gained than Lowdon And the truth was that Letter was signed by six of the Covenanting Lords but being put in the hands of the Lord Mirtland to sign it as he told the Writer he found it was False French and so it was laid aside for that time and never again taken into consideration but one taking up the Letter brought it to Traquair His Majesty being of himself both Just and Good did reject those cruel Counsels as hurtful to his Service yet Lowdon continued prisoner for some months his Enlargement shall be mentioned in its proper place But how to proceed in the publick Affairs was a hard Chapter A new War with Scotland Which way the Counsels were taken this Winter doth not appear to the Writer but from the Effects Only the Marquis was full of apprehensions foreseeing that it would be impossible
for the King to do much without a Parliament in England and Subsidies granted by it but they had reason to think the Parliament would begin with Grievances before they went to Subsidies and if their enquiring into the former proved long and fierce as it would protract the Kings Supply it might also breed Irritations and Heats and end in a Rupture without relieving the King Neither could much be expected from a Loan of Money most of the Cities London especially were not well-affected to the Court and so were like to prove backward and narrow and all might be promised from that was to put off one Summer but the Scotish Storm was like to lie longer Besides he believed that if the Loan of Money went through the Scots would think that a good reason for their entring into England to make the Northern Countries the seat of the War which would prejudice the Kings Service in England All this he foresaw well and therefore was rack't with perplexity only he was not doubtful what to doe himself resolving to follow the Kings Interests on all hazards and in these Consultations this Year ended Anno 1640. An. 1640. They prepare in Scotland for War IN Scotland they begun again to prepare for a new War and the Ministers this year were likewise very busie taxing the King as having violated the late Pacification because way was not given to all their Acts. Besides it was preached in the very Pulpits of Edinburgh that the King had caused burn at London by the hand of the Hangman the Articles of the Treaty at Berwick This was founded on the Censure was put on the Paper spoke of last year which they gave out as the Conditions of Agreement and was burned by Order of the Council of England upon the Declaration made by all the English Lords who were on the Treaty That no other Articles were agreed upon beside the Seven above-mentioned yet this took with the People Next they laid on great Taxes for paying the last years Debts and defraying the Expence this year was like to draw on and for procuring of Money they fell on a new Device to cause the Ministers exhort all to lend liberally for the Service of the Cause which they did with so much Art and Zeal that the Women came and brought in their Jewels Rings and Plate however much Money was not got that way and all was far short of what they needed therefore divers of the most zealous of the Lords chiefly the Earls of Rothes and Cassils did give Bonds for great sums of Money and one Dick a rich Citizen of Edinburgh was got to lend them many thousand pounds Lanerick made Secretary of State In February the Earl of Sterlin the Secretary died for whose Place the King made choice of the Marquis his Brother Lord William whom he created Earl of Lanerick It was indeed the Kings choice for neither had the Marquis moved it nor himself pretended to it The Earl of Lanerick did act so considerable a part in Affairs after this that methinks their History should be as little divided as their Counsels and Affections for the Kings Service were and therefore as Lanerick's Actions come in my way they shall not be passed over in silence Being made Secretary his first care was to inform himself of all that belonged to his Place and Duty in the discharge whereof he resolved neither to spare labour or industry that thereby he might supply the defect of his years which were then but four and twenty But to go on with the Series of the Story the King went on carefully with his Preparations only the Charge of a Fleet was so great that he could not think of it this year but sent out as many Ships as stopt the Scotish Trade And finding how ill he had been served by his Lieutenant-Generals the former year and confiding both in the valour fidelity and conduct of the Earl of Strafford then Lord Lieutenant of Ireland he was called over to be Lieutenant-General in this Expedition and the Marquis was designed Colonel of the Kings Regiment of Guards The state of Affairs in Scotland In Scotland they were gathering Money bringing in more Arms and fortifying suspected Places few resisting them except Huntley in the North and Niddisdale in the South but the later was able to doe little The Marquis had divers Letters from my Lord Lindesay which are yet extant complaining of the Preparations they heard were making against them That Officers for the Army were already named Money was gathering not only Berwick Carlisle were fortified but Edinburgh-Castle and Dumbriton also had new men put in them and English-men were put in the former whereupon they were forced to resolve on hazarding the utmost for the Defence of Religion and Liberties and that all were Contributing very liberally and knew of good Friends both in England and abroad wherefore he assured him if things went to extremities they would not end so well as they did last year And he besought him that he would prove a good instrument betwixt the King and the Country protesting that for his own part nothing next to Religion went so near his Heart as the Kings Service In end he conjured him not to accept of any new Service if it went to an open Breach assuring him he would be ruined if he did telling him that God had provided a relief for them beyond their expectation The Marquis carried all these Letters as he got them to his Majesty and by his command wrote the following Answer My Lord I Received yours of February The Marquis his Letter to the Lord Lindsay wherein you endeavour to let me see the hazard that His Majesty may run if he take not a peaceable Course with his Subjects of Scotland which you say I am reported to be no adviser of as likewise the unavoidable Ruine that will befall me in case of my accepting of any Imployment against them The Arguments that you use are the Resolutions of your own People and the assistance that you will have elsewhere the particular way you forbear to write yet you say that God hath provided it beyond your expectation and as it was beyond your expectation so it is still beyond my belief my Reasons you shall have anon But first I will say somewhat concerning my self Know then Brother for a truth that I heartily pray a Curse may follow him and his Posterity that doth not endeavour and wish that these unhappy Troubles may be composed in a fair and peaceable way God who knoweth the Secrets of all mens thoughts can bear me record with how much care pains and zeal I have endeavoured that and I promise you I shall as faithfully continue in that Course as ever man did in any Resolution which was with reason grounded in his heart how few either believe or know this I care not for I have laid my accompt long since and am resolved on the worst that
came to them and with great vehemence pressed them to engage in a new War and among other Motives brought them Engagements in writing from most of the greatest Peers of England to joyn with them and assist them when they should come into England with their Army This did much animate them for they had not the least doubt of the Papers brought them But all this was discovered at the Treaty of Rippon to have been a base Forgery for there the Scotish Lords looking very sullenly on some of the English Lords as on Persons of no Faith or Truth the Lord Mandevil came to the Earl of Rothes and asked the reason of that Change of their Countenance and Behaviour in them who after some high reflections at length challenged him and the other Lords of not keeping what they had engaged to them Upon which that Lord stood amazed and told him and so did the other Lords there that they had sent no such Messages nor Papers to them and that they had been abused by the blackest Imposture that ever was Thus it appeared how dangerous it may be to receive some things that seem to have the highest Probabilities in them easily and upon trust In April following the King called a Parliament in England A short Parliament in England but they begun with their Grievances in which they rose to so high a strain that after twenty days Sitting the King by advice of his Council dissolved them but the hopes of Money from the Parliament failing the next Course was to try what could be drawn by Loan and for good example the Councellours subscribed for near two hundred thousand pounds Sterlin The Councellours lend Money What the Marquis his part was in this I should have willingly concealed judging fit that his Story should be as sparing in relating it as himself was modest in not boasting of it but Sanderson and some other malicious or ignorant Pens who say That he pretended Poverty and subscribed for none force me to free him of that Calumny by a true Relation of what his Duty to the King cost him at this time He subscribed for 10000 l. Sterlin and laid down Eight thousand of it presently in Gold likewise in August following at York he again subscribed and laid down Six thousand and three hundred pounds for both which he had Tallies struck Besides this when he served as Commissioner in Scotland in the year 1638. he got no Payments made him Ten thousand pounds Sterlin was allowed him of which he had not received a farthing and besides the great expence he was at in that Service he laid that year out of his own Money about 5000 l. Sterlin on the Kings account And thus in the space of four years he advanced to the King near Thirty thousand pounds Sterlin and this was in a time when the advantages he had by his Places and Pensions were through the necessity of the Kings affairs dried up But since I was forced to say this I must not conceal His Majesty who now reigns His Justice and Goodness to his Heiress in repaying the sum contained in those Tallies together with the other Royal effects of His Favour which they have felt in the repayment of the Scotsh Debt This is said once for all and all this was little reckoned of by him who was ready to hazard both Life and Fortune for His Majesties Service acknowledging that it was Just since he and his Ancestors owed so much to the King and his Progenitours bounty that all he had should be spent in his Service The Covenanters in Scotland were beginning to look to themselves and fearing Ruthwen Ruthwen a terror to the Covenanters who was in the Castle of Edinburgh they required him to obey their Orders but he told them he had his Trust from the King and would acknowledge no Commands but his whereupon they blockt him up He might easily have done them much Mischief but his Orders were to hold himself most on the Defensive and to amuse them but not to break out to open Hostilities within which limits he contained himself The second of Iune came which was the day the Parliament was to Set but the King had sent down an Order to the Justice-Clerk for proroguing it The Parliament sits notwithstanding the Kings Orders for proroguing of it and he was to carry along with him in this Affair the assistance of the Kings Advocate who was at this time confined to his House in Fife by the King upon pretence of some petty maleversation in his Office but really because of his adhering to the Covenanters too much The Kings Advocate was glad both of being delivered from that Disgrace and for being honoured with the Employment But to clear the Method in which he intended to proceed to make this Prorogation legal I must look back a little when Traquair got his Commission under the Broad-Seal there was another Commission given under the quarter-Seal to the Lord Elphinstown the Lord Napier the Kings Advocate and the Justice-Clerk these or three of them were impowred to act as Commissioners in Traquair's absence and upon his Orders Therefore the Kings Advocate judged it needless to fill up a Blank that was sent down to be made use of if need were to make the Prorogation Legal but resolved to require one of the other two to concur with the Justice-Clerk and himself in the Prorogation which was to be done after the Parliament was Fenced therefore they provided the persons necessary for Fencing of it a Ceremony they use in the beginning of a Session who are the Constable the Marshal the Provost of Edinburgh the Sheriff of Lowthian and a Doomster and if any of these be absent the King must name others for their Service that day So the Members of Parliament being met the Kings Advocate required the Lord Elphinstown who was first in the Commission to go up with them to the Throne for executing the Kings Commands who having read the Commission found their Power was only to act by the Commissioners Order and therefore called for Traquair's Warrant the Kings Advocate answered That as when the King is present a Commissioners Power of it self expires so also when his Warrant is produced there is no need of one from his Commissioner But Elphinstown stood on the Letter of the Commission and so found he was not legally warranted to doe it That same was the Lord Napier's Answer who was also of the Commission and so the Kings Advocate and the Justice-Clerk could doe nothing but take Instruments Many imputed this to the Kings Advocat's Jugling but he vindicated himself solemnly which is extant under his Hand with a long Narrative of this whole Affair sent up by him to the King However the effects of this Errour were great for the Members voted themselves to be in a Parliamentary Capacity as being summoned by the King at first and again adjourned to this day whereupon they proceeded to
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
Peers advised a Settlement with Scotland and a Parliament in England Strafford's Advice was more severe and the Marquis pressed a Pacification But though their Opinions varied yet their Friendship continued since both had the same designs for the Kings Honour and Service A recruit of Money which was beginning to run low was not to be hoped without a Parliament and their late experience told on how uneasie terms that was to be had Earl Lowdon also assured the Marquis by his Letters that the Covenanters were well armed well commanded and very resolute nor did they doubt of a strong Party in England and therefore shewed how dangerous it would prove to His Majesties Affairs if a Treaty should not presently follow The Marquis little regarding how ill these Counsels would be represented by others used all his Industry to prevail with the King for a Pacification on any terms since none could be so bad as the hazard the King was like to run if matters continued so broken for it was now apparent how faintly His Majesties Forces did serve him and with how much resolution the Scotish Armies proceeded neither were they without fears in their own Army and that many of the Peers and People of England would have assisted the Scots if matters had run to extremities A Breach betwixt the Marquis and the Earl of Montrose But at that time a passage fell out which drew after it a tract of great Troubles on the Marquis The Earl of Montrose had in Iuly that year procured a Meeting of some Noblemen at Cumbermwald the Earl of Wigtons house where there was a Bond signed by them of adherence to one another in pursuance of the Covenant and from New-Castle he continued to keep Correspondence with His Majesty notwithstanding an Act that had passed in the Committee that none should under pain of Death write any Letters to the Court but such as were seen and allowed of by at least three of the Committee But this Correspondence of my Lord Montrose came to the knowledge of the Covenanters and there were ill Instruments who suggested that this Advertisement must have been given by the Marquis which being too easily believed occasioned a Breach betwixt them that could never be made up And Sanderson hath had the Impudence not only to fasten this on him but as if there had not been Imputation enough in it he adds that the Marquis had in the night picked His Majesties Pockets for his Letters Indeed he needed not take such Courses had he been capable of that Treachery for the Kings Confidence in him was such that he delivered all the Letters he had from Scotland to his keeping and if he had designed such a thing upon Montrose it was in his Power to have done it long before for in October and December of the former year Montrose had writ much in the same strain to the King which Letters the King gave him and are yet extant but were never heard off till now that the Writer gives this account of them But the way how that Letter was discovered was this the Covenanters sent Sir Iames Mercer to York with their Letters to my Lord Lanerick of September the 14 th with whom my Lord Montrose sent his Servant with Letters to some of his Friends at Court and these Letters had been shown to the Committee but as he sealed them up he put within one to Sir Richard Grahame a Letter to the King which had not been seen and Sir Richard opening his Letter carelesly the inclosed to the King dropt out whereupon Sir Iames Mercer being near him stooped down in civility to take up the Letter and read the Direction of it and he returning next day to the Scotish Camp told what he had seen to the General who in a Committee that sate that afternoon wherein it was my Lord Montrose's turn to preside said that the Gentleman they had sent must be examined concerning any Letters he carried to the Court and so he was called in and examined But Montrose understanding that his Correspondence with the King was discovered said that seeing others kept a Correspondence with the Court he knew not why he might not do it as well as they it was answered if others were guilty that did not excuse his fault but when that could be made out against any they were liable to the same Censure he had now incurred whereupon he was commanded to keep his Chamber and he called a great many of his Friends to him to try who would adhere to him whereupon the General bade the Earl of Calender who was then Lieutenant-General tell him that if he came not and submitted himself he would hold a Council of War upon him and proceed against him Capitally Upon this my Lord Montrose came and produced a Copy of the Letter he said he had written and craved pardon and so this Matter was passed over â—ut it was suspected that his Letter had been sent to the Covenanters by the Marquis whereas indeed they knew no more of his Letter but what they had from Sir Iames Mercer who read the Address of it and so they knew not what was in it but by the Copy he produced Yet this went current for the Marquis his Treachery though Sir Iames Mercer did often vouch the truth of this before many Witnesses and particularly particularly to Sanderson himself before Noble Witnesses who acknowledged his Mis-information and promised to expunge that in the next Edition of his Book though there are no grounds to fear the Woâ—ld will ever be troubled with another Edition of so ill a Book The Treaty at Rippon In the end of September a Treaty was agreed upon and His Majesty named the Marquis and my Lords of Traquair and Lanerick to be amongst the Commissioners who should Treat in His name But the Covenanters excepted against the Marquis and Traquair whom they intended to pursue as Incendiaries and therefore they could not Treat with them as for Lanerick they had nothing to fasten on him Upon this the King resolved to send none but English Lords conceiving it not fitting to send any Scotchman if the persons he had imployed as Commissioners were not of the number Rippon a little Town fifteen miles from York was appointed to be the place of Treaty instead of Northallertown and the King sent the English Lords thither appointing Traquair and Lanerick to wait upon them for giving them Information of Scotish Affairs but he kept the Marquis to wait upon Himself The Treaty begun at Rippon and after a few days by reason of the new Parliament the King had summoned against the beginning of November was removed to London The Covenanters Demands were the same with those contained in their Letter of the 8th of September about which they continued Treating till the Iune of the next year and so this year ended But here I shall insert a Paper all written with His Majesties hand which though it do not relate
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
the World is in so much mis-understanding of me but now be your Lordship pleased to admit me to resort to your noble Expressions and former Friendship that I may carry forth of the â—ourt with me the belief and tokens of it It is told me that the Lords are inclinable to preserve my Life and Family for which their generous Compassions the great God of Mercy will reward them and surely should I die upon this Evidence I had much rather be the Sufferer than the Iudge All that I shall desire from your Lordship is that devested of all Publique Imployment I may be admitted to go home to my own private Fortune there to attend my own Domestick Affairs and Education of my Children with as little asperity of words or marks of Infamy as possibly the Nobleness and Iustice of my Friends can procure for me with a Liberty to follow my own occasions as I shall find best for my self This is no unreasonable thing I trust to desire all considered that may be said in my case for I vow my fault that should justly draw any heavy Sentence on me I yet do not see yet this much obtained will abundantly satisfie a Mind hasting fast to quiet and a Body broken with afflictions and infirmities And as I shall take my self highly bound to any that shall further me therein so I more particularly desire to receive an obligation therein froâ— your Lordship than from others as being purposed in the truth of my former Professions to express my self Your Lordships humbly to be Commanded STRAFFORD Tower 24th of April 1641. But since all His Majesties most vigorous Intercessions were not able to preserve that Great man it is not to be imagined any good Offices done by meaner persons could succeed yet the Marquis acted in it with Great Candor and Friendship but that preserved him not from being suspected of having advised the King to consent to Strafford's Death and for his Vindication I shall only refer the Reader to his own words in the Speech he delivered the morning before he died to be inserted in its proper place The Scotish Bishops who were now at London thought themselves undone and complained of the Marquis as the cause of their Ruine Many complain of the Marquis and yet he had been careful to get them all either provided with Places or relieved with the Kings Money so that all of them in their Letters to him acknowledged him to be their only Patron about the King Traquair was worst pleased of any and complained that the Marquis had opposed the Article of Incendiaries till his own Name was dashed out and then had deserted the rest but his Name was not struck out alone Huntley's and many others being dashed out with him besides the prejudice of that Process was only to be put out of Imployment in Scotland by which the King was engaged in Honour to make up that loss another way wherein the Marquis engaged to serve him faithfully Others of the Court who hated and envied him were glad to find colours of Censure in any of his Actions and it was loudly talked that the King was now to part with his Crown of Scotland with his own hands by granting Concessions so derogatory from Kingly Authority but the King who understood his own Affairs better than any of these Censurers saw the necessity of settling with Scotland immediately For the Marquis represented to His Majesty that though those Acts did very much diminish his Authority yet the Scotish Parliament being governed but by a few Heads who influenced the rest there was no doubt but the gaining of the Leading-men might so prepare things that ere a few years went about all might be brought to a greater Temper for the King was firmly resolved to make good what he now promised and never to violate these Concessions unless he could get them rescinded in Parliament And let me once for all say freely this was the great Measure of all the Marquis his Counsels about Scotland that except when he saw at the beginning as hath been said that the Kings Interest and Honour required his utmost Resentments and that a forcible Redress seemed not improbable and promised success way should be given to the present heats for some time in hope of recovering of them by such Concessions The Earl of Rothes is gained and soon after dies and in pursuance of this design Rothes was much caressed by the King and intirely gained but as he was recovering to his Duty he was overtaken by sickness of which he died at Richmond and was much regrated both by those of the Court and the Covenant being a man of great Abilities and much Honour In Iune the Earl of Dumfermline and Lowdon were sent from London to Scotland with the Articles of the Treaty and a desire that the Parliament there might yet be prorogued for some time since the Affairs of England put a stop to the Kings present Journey They also carried down a Submission from Traquair and were to deal that the Acceptance of it might stop the further agitation of the Pursuit against him All this while there had been divers Meetings of Parliament in Scotland but by reason of the dependence of the Treaty they were still prorogued The Parliament of Scotland is oft prorogued but goes on with the Process against Incendaries Their greatest business was to prepare the Process against the Incendiaries both the President Spotswood and the Clerk of Register Hay being Prisoners in the Castle of Edinburgh since the former Winter The Covenanters required the Kings Advocate to concur with them according to his Place which obliged him to assist in the Pursuit of all Publick Crimes but Lanerick in the Kings Name commanded him to deny his concurrence and this made much ado as also in all the Kings Orders for proroguing the Parliament mention was made of my Lord Traquair as Commissioner against which they always protested But at this time the Parliament would not consent to Prorogue of new only they declared they should be preparing matters and not go on to the Determining any thing before the middle of August against which time the King purposed to be in Scotland As for Traquair's Submission it was rejected and many begun to complain aloud that whereas they signed a Bond to prosecute the Incendiaries yet many were dispensed with and much pains was taken by distinctions to satisfie their Consciences that they meant not to set up an Inquisition by that Oath and that it was only meant of those that were declared and avowed Incendiaries but others said that the words were general and tied them without respect of persons to pursue all equally The Earl of Montrose is made Prisoner for corresponding with the Court. At this time there was a Gentleman seized at Broxmouth with Letters to my Lord Montrose which discovered a new Correspondence of his with the Court for my Lord Traquair's Preservation and with this
the story of the Bond signed the former year at Cumberwald broke out upon which he and some of his Friends were committed close Prisoners to the Castle of Edinburgh and were called Plotters On the 12th of August the King came to Scotland The King comes to Scotland accompanied by the Prince Elector who came along with him to see what Assistance he might expect from the Scotish Parliament The King to please the Scotish Clergy the more appointed Mr. Henderson to wait upon him while he should be in Scotland and to provide Preachers for him being resolved to conform himself to the Scotish Worship while he was among them The Parliament at first Voted that all the Members should subscribe the Covenant which was done by all only the Duke of Lenox took a few Days to advise All the Members of Parliament subscribe the Covenant after which he came and subscribed with the rest Most differences had been settled at London but the matter of the Incendiaries and Plotters was that at which things stuck long and occasioned the Kings stay in Scotland Many censured the Marquis as not concerning himself so much for those persons as became him and because he in prosecution of the Design the King had laid down took much Pains on the Earl of Argyle it was said he was courting the Kings Enemies and neglecting his Friends But he judged the great Design of Settling the King with the Country was to be prefered to all private Interests and his brother following his Method shared with him in the same Jealousies though not to so high a degree But His Majesty knew the Marquis too well to be easily moved with these Whispers therefore in one of his Speeches in Parliament He declared That the Marquis had carried himself as a faithful Subject and Servant in all his Employments during these Troubles and as one that designed the Good and Happiness of his Country upon which the King gave his Assent to the following Act of Parliament IN the Parliament holden at Edinburgh The Marquis is vindicated by the Parliament in this Session thereof holden the last day of September tâ—e year of 1641 years this Act following was made by the King and Estates whereof the Tenour follows Whereas there have been certain scandalous words spoken of the Marquis of Hamilton tending to the prejudice of his Honour and Fidelity to His Majesty and his Countrâ— which are now acknowledged by Henry Lord Ker Speaker thereof in presence of His Majesty and Estates of Parliament to have been rash and groundless for the speaking whereof he is heartily sorry and since His Majesty and the Estates of Parliament know it to be so Therefore His Majesty and Estates foresaid declare the said Marquis of Hamilton to be free thereof and esteem him to be a Loyal Subject to His Majesty and faithful Patriot to his Country and the said Estates remit the further Censure of the said Lord Ker to the Kings Majesty Extracted out of the Records oâ— Parliament by me Sir Alexander Gibsone younger of Dury Knight Clerk to his Highness's Register and Rolls under my Sign and Subscription manual Alex. Gibsone Cl. Reg. The Marquis had often heard that his Enemies had Designs upon him and he represented what he heard to the King yet he loseth ground with the King but acknowledged he had it only by Whispers and thus matters went on till the 11th of October Yet all this while the Marquis was insensibly losing ground with the King for the perpetual Whispers of his Enemies could not choose but make some impression being specious though forged grounds of Jealousie cunningly contrived and managed with great assiduity art and malice Lanerick also found the Kings Countenance beginning to change towards him whereupon he assumed the freedom to ask His Majesty if he judged that he had been capable so far to forget his particular Favours to himself who from nothing had heaped both Fortune and Honours on him as to do any thing might merit the change he saw in him the King answered He believed he was an honest man that he had never heard any thing to the contrary but that his Brother had been very active in his own Preservation This made Lanerick Look the more narrowly to his Brothers Actions to see if he could discover whether in any thing he had studied to preserve himself by prejudicing the King but in a long Account of that business which I have under his hand he protested that the nearer he looked he discovered in him the greater Fidelity and Affection to his Master It is true the King met with great Opposition in Scotland in the matter of the Incendiaries and Plotters and it was represented that the Marquis and his Brother might have made it less which perhaps left some Impressions on His Majesty but having it so often under both their hands That might their Souls perish if they left any thing undone that was in their power to get a Compliance to the Kings Desires from the Parliament I must believe this Opposition flowed from the Distempers of that Time But about the middle of October an odd passage fell in which for its not being expected was called the Incident A Gentleman not known to the Marquis brought him and the Earl of Argyle the Discovery of a Plot he said was laid for their Lives and the Earl Lanerick's which he said he could justifie by one Witness who was invited to the execution of it He told also a long formal Story of the persons were to be Actors of Time Place and Manner and said it was to be executed that very night This the Marquis carried to the King without naming Particulars which could not be done safely by the Law of Scotland since he had but one Witness to prove them by The King desired him to examine the thing to the bottom and bring him what further Evidence he could find In the Evening other Presumptions were brought to the Marquis but no clear Evidence and the mattâ—r was got abroad and in every bodies mouth so that all who depended on these Lords came about them in great numbers and those on whom the Design was fastened gave out it was a Forgery to make them odious and gathered also together The Marquis hearing this did not stir out of doors lest some of their too officious followers had raised Tumults and next day in the Evening he with the Earl of Argyle and his Brother and half a dozen Servants went out of Town to his House of Keneel twelve miles from Edinburgh and sent his excuse to His Majesty with the true account of the Reasons that moved him to do what he had done Upon this many Discourses went about People of all sides passing construction as they were affected but the Parliament took the whole matter into Consideration Those who had given the Information owned what they had said and those on whom the Plot was fixed did as positively deny
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
the first of these most assented but few were cordial for the latter In order to this on the 15th of Ianuary the Scotish Commissioners seconded the Desires of the Two Houses with a Paper which they presented to the King on that Subject and afterwards Printed it The King was highly displeased that they were not satisfied with the Opposition they made him in Scotland with which the King was highly displeafed norwith the Concessions he had granted them there but were now come to foment Troubles in England It was not long since they made loud Complaints against the designed Uniformity with England and the Interest the Englishmen had in managing the Affaiâ—s of the Scotish Kirk and would they now act that part which they had condemned in others They could not alledge that against Episcopacy in England which they pretended in Scotland that it had never been fully nor clearly settled in it or that the stream both of Clergy and Laity had run cross to it the contrary of all that was clear in England where Episcopacy was deeply rooted in their Law And ever since the Reformation for eighty years together the Church of England had flourished under Episcopacy so that it was the wonder and envy of the World till of late that some Brownists and other Sectaries begun to disturb its quiet They knew he declared the Grounds on which he dispensed with Episcopacy in Scotland were not from his own Judgement about it but meerly to comply with their A version to it but the case was very different in England All this he said for giving them satisfaction and it is the sum of what he repeated afterwards upon the like occasions But in the end he told them their Commission was not to mediate betwixt him and the Two Houses and therefore on the 19th of Ianuary he signed the following Order to Lanerick CHARLES R. WE have thought fit to require you to repair to the Commissioners from Our Parliament of Scotland and let them know The King forbids their doing so any more that We expected before they should have interessed themselves in any manner of way betwixt Vs and Our Parliament of England they would according to Our Desire expressed to them by Our Letter of the 13th of this Instant have acquainted Vs with their Resolutions in private and that for the time coming We are very confident out of the respect due to Vs from them and their earnest Desires to shun Mistakes and Disputes they will no way engage themselves in these present Differences without first they communicate their Intentions with Vs in private whereby all Iealousies and Suspicions may be removed and they better enabled to do Vs Service Given at Our Honor of Windsor the 19 th of Ianuary 1641. Directed TO Our Right Trusty and Right well-beloved Cousin and Councellor the Earl of Lanerick Our Secretary for Scotland After this the King sent Mr. Mungo Murray to Scotland with Complaints of the Commissioners signified by the following Letter to the Chancellor Right Trusty and right well-beloved Cousin and Chancellor We Greet you well AS it hath been alwaies Our care and Study to have a right Vnderstanding betwixt Vs and Our Subjects of Scotland and complains of them in his Letters to Scotland so nothing can joy Vs more than to hear the effects thereof to be such as that they in peace and quietness enjoy the benefit of Our Courts of Iustice and that under Our Government they reap the fruits of those sound and wholesome Laws established in that Kingdom by Vs and Our Predecessors for their good and happiness We cannot but take kindly from you your representing unto Vs the Miseries and Afflictions to which Our good Subjects of Ireland are reduced through the inhumane and unheard-of Cruelties of the Rebels there We on Our part have left nothing undone which We thought could express how sensible We are of their Sufferings but the present Distractions of this Kingdom do both delay the sending of those necessary Aâ—sistances and Supplies which they ought to expect from hence and prolong the Treaty with Our Commissioners of Scotland so that if some extraordinary Course be not taken for their present Supply it is not like their Miseries will end sooner than their Days The Consideration whereof induceth Vs to require you to move Our Council that these Forces that are already on foot in Scotland may be presently sent over thither and We will oblige Our Selves to see them readily and punctually paid by this Parliament which if they shall refuse to do We will engage Our own Revenues rather than delay so good and necessary a Work to which purpose We shall issue forth such Commissions and give such Warrants under Our great Seal of England as Our Council of Scotland shall think necessary for their Service and grant all such their Desires for the advancement of this Work as in reason can be demanded from Vs and therefore do require you with all possible diligence to return Vs their Resolutions herein which We are confident will be such as will testifie their Respect to Vs and Affection to their distressed Brethren in Ireland And now We are confident We shall not need to remember you of those Dutiful expressions of Respect and Fidelity you made to Vs at Our late being in Scotland for the same Affection which produced those expressions will induce you to make them good by your Actions We remember well you expressed your readiness to hazard both Life and Fortune for the maintenance of Our Temporal Power and even in matters Ecclesiastick though you wished Vniformity therein betwixt the two Nations yet you would not interest your selves in these Differences further than should be with Our knowledge and good liking We wish Our Commissioners of Scotland had taken that Course and not meddled nor offered to mediate betwixt Vs and this Parliament before they had first made their Intentions known unto Vs in private acâ—ording to Our express Desire nor made their private Advice publickly known unto Both Houses which is now in Print We did conceive the Intention of the Commission granted them by Vs in Parliament was for finishing the remainder of the Treaty for Seâ—tling of Trade and Commerce and keeping a right Vnderstanding betwixt the two Nations not betwixt Vs and Our Parliament here It is true they were to receive their particular Instructions from the Council which We believe to have been limited to these Generals which certainly never could have reached this Particular But we shall pass by this and remember it no more so we may find Our Council hereafter give them no further Warrant to meddle any more betwixt Vs and this Parliament but in so far as We shall first know and approve of it which truely We conceive to be the only Means to shun those Suspicions and Iealousies that might breed any interruption of that happy Vnderstanding that is now established betwixt Vs and that Our Native Kingdom Herein
We exspect your best endeavors as a real Testimony of your Affection to Our Service We do likewise think fit that a Double of all such Instructions as have already been given or shall hereafter be given to the Commissioners be sent Vs which will exceedingly conduce to the shunning of unnecessary Mistakings And in case there come any Dispute betwixt Vs and Our Parliament here about the Nomination of Officers and Councellors We hope you will remember upon what Grounds We were induced to yield in this particular to the desires of Our Subjects in Scotland it being Our necessary absence from that Our Native Country and you in private did often promise upon occasion to declare that this Kingdom ought not to urge it as a Precedent for the like to them the Reasons not being the same therefore now you are to think upon the most convenient way to make good that Promise and labour to prevent so great an Inconvenience unto Vs which We expect from you as one of the most acceptable Services can be done unto Vs. CHARLES R. Windsor 26th January 1642. POSTSCRIPT With His Majesties own Hand I have commanded this My Servant Mungo Murray to tell you some things which I think not fit to write therefore desiring you to trust what he will say to you from Me I will now only add that your Affections rightly expressed to Me at this time will do Me an unspeakable Service to the effecting of which I expect much from your particular Affection and Dexterity His Majesty also wrote to the same purpose to the Marquis of Argyle and added the following Postscript with His own Hand I Cannot but thank you for your Letter I received by Kinnoul it being the performance of a Promise you made at my last being in Scotland not doubting but you will perform the rest with the same cheerfulness And I assure you this is a time wherein the kything of your Affection to Me will do Me an unexpressible Service as Mungo Murray will tell you more at large whom I desire you to trust in what he shall tell you from Me. CHARLES R. Windsor 26th January 1642. His Majesty named the Officers of the Army that was to go over to the relief of the Protestants in Ireland choosing them so that they might be most acceptable to Scotland and this he did both to gain the more upon them by his Confidence as also to set those troublesom People out of the way though this turned to the great prejudice of his Affairs in Scotland as shall afterwards appear But for this Advice the Marquis deserved no share of the Blame for the King left him behind at London to see what could be effectuated by Mediation with those of the Peers whom he knew to love him and it appears by the following Note that he continued in His Majesties Confidence Hamilton I Desire you to come hither to morrow not only to end our last Discourse but also upon other business of great Importance and you shall find that I am Your constant Friend CHARLES R. Windsor 1st February 1642. What that business was does not appear to the Writer When the King withdrew further from the Parliament and went Northwards the Marquis was kept at London by a great Sickness of some months continuance The King leaves the Parliament and the Marquis stays at â—ondon being sick the length of it being occasioned by his frequent relapses into Fevers and a lingering Recovery out of them yet his ill-willers at Court represented the story of his Sickness to be but feigned that under that pretext he might desert the King when he needed his Service most But he hearing of this was resolved to be carried sick as he was to the King which the King knowing commanded him to stay till God gave him Strength to come without prejudice to his Health In March the Treaty between the Parliament of England and Scotland was closed The Treaty with Scotland for the relief of Ireland is ended and among other Articles one was cast in That an Vniformity of Religion should be endeavoured betwixt the Kingdoms But the King would do nothing that might seem to stop the Irish business and therefore gave way to it though he smelled the design of it abundantly well Besides the words being conceived in general Terms he would not oppose them since he judged an Uniformity of Religion was to be endeavoured as well as they did but with this odds that he thought the Standard of it should be taken from England As soon as this went home the Scotish Armies went over speedily in the beginning of April And the Scotish Council wrote to His Majesty and the Two Houses that they designed to send the Marquis of Argyle over to Ireland but first to send him and the Earl of Lowdon to London to mediate betwixt the King and the Houses with which His Majesty was pleased But the Houses excused it in a fair way pretending that they judged Argyle's presence necessary in Scotland Many wondred whence this Jealousie of him did flow some thought it was because the King consented to it and therefore they misdoubted him others apprehended that their Jealousie was founded on the Friendship that was betwixt the Marquis and him and that finding the Marquis so inflexibly firm to the Kings Interest and averse from theirs they feared that Argyle's Friendships and his was founded on the same designs New Calumnies on the Marquis At this timâ— some of the Marquis his Enemies represented to His Majesty that he made Offers of the Militia to the Houses with other things highly derogatory to His Majesties Authority and that he pretended a Warrant for those Offers was sent him by Mr. Murray of the Bed-Chamber These were the bad offices some fiery spirits studied to do to all who endeavoured the quenching of that Flame which was like to devour Britain but notice being given of this to the Marquis he wrote Mr. Murray this Answer Worthy Friend IT is no new thing for me to find my self traduced to His Majesty but I should wonder very much of which he clears himself if he give Credit to a Report grounded upon such Improbabilities for if His Majesty would be pleased to call to mind how oft he repeated to me that He would never condescend to the Parliaments Demands concerning the Militia no not for an Hour in the way it was I am sure He will not think that I could engage my self to the Parliament that He would perform that which He never gave me Ground to believe my self And as for His return to London I likewise affirm He never gave me cause to hope let be to engage my self to the Parliament for it I have had the Honour to be intrusted in divers Employments from Him and He knows I never exceeded His Instructions I hope He will not now think me so mad or so great a Knave as to do that which might bring Him any Inconvenience for why
idle in so stirring Times and therefore His Majesty would consider how to make use of them lest otherwise they may be engaged and with them the Kingdom Shew that it will be impossible longer to delay the Meeting of the Commissioners for Conserving of the Peace and what my Part hath been therein and therefore to Consider if it were not fit they were called by His Majesties Warrant Shew that I could not think of a better way to serve Her Majesty for the present than by procuring an Invitation from the whole Kingdom for Her return which Proposition if His Majesty conceive fit for His Service and be acceptable to Her Majesty I doubt not of the effectuating it otherwise it shall here end Shew that though I can be of no great use to His Majesty any where yet I conceive more here than at York for albeit I still say I can undertake for nothing yet I may possibly be able to prevent Evil if I can do no Good Shew the miserable Condition of my Fortune which occasioneth the not sending as yet the Moneys for entertaining the Horse which if the sale of Land can procure shall be quickly remedied In August following there was an Assembly to which the King sent the Earl of Dunfermline Commissioner Dunfermline Commissioner to the General Assembly with full Assurances of His Majesties Resolution to adhere to what was now settled by Law and to encourage all good Motions for advancing of Piety and Learning and it was also recommended to him as his chief Work to keep the Assembly within their own bounds that they might not meddle with England nor interpose in the Differences betwixt the King and the Two Houses But this was not to be done except by Authority backed with Force for there came a Declaration from the Parliament of England which was very welcome to them and had such a Return as they of England desired For the Assembly declared Prelacy to be the great Mountain that lay in the way of the advancement of Religion The Assembly declares against Episcopacy in England which must first be removed before the Church and Work of God could be established and nothing the Kings Commissioner said was able to divert them from this so irresistible was their Zeal They also sent a Petition to the Council desiring them to second their Address to the King for an Uniformity in Church-Government in all his Dominions and likewise desired that by reason of the Commotions were in England the Council would call together the Conservatours of the Peace this was a Court established by the late Parliament to see to the Preservation of the Articles of the late Treaty with England The Council upon this recommended Uniformity in Church-Government by a Letter to the King wherein they desired also Warrant to convene the Conservatours of the Peace the Assembly wrote also to the King to the same purpose The Marquis represented to His Majesty that their Zeal for this Uniformity was so great that no Art could hinder them from Petitioning for it but if they could be preserved from Deeds Many desire Uniformity in Church-Government and that the Conservators of Peace might meet their big words were to be answered with smooth Language But as for the Meeting of the Conservatours of the Peace he laid out the hazard of it to the King for if he refused to convene them it would raise Jealousies in the Peoples minds and there was ground to fear they would meet of their own accord if they were not called which would be an affront to the Kings Authority and might precipitate a Rupture But on the other hand there was no small danger in their Sitting for of that number some were likelier to disturb than conserve the Peace To the Letters from the Assembly and Council the King wrote the following Answer CHARLES R. BY your Letter to Vs of the 19th of this Instant August We find you concur with Our late General Assembly The Kings Letter about Uniformity of Church-Government in their Desire to Vs about Vnity of Religion and Vniformity of Church-Government in all Our three Kingdoms which cannot be more earnestly desired by you than shall be really endeavoured by Vs in such a way as We in Our Conscience conceive to be best for the flourishing Estate of the true Protestant Religion But as for Ioyning with Our Houses of Parliament here in this Work it were improper for Vs at this time to give any Answer for since their Meeting they have never made any Proposition to Vs concerning Vnity of Religion or Vniformity of Church-Government so far are they from desiring any such thing as we are confident the most considerable Persons and those who make fairest Pretences to you of this kind will no sooner embrace a Presbyterial than you an Episcopal And truely it seems notwithstanding whatsoever Profession they have made to the contrary that nothing hath been less in their minds than Settling of the true Religion and Reforming such Abuses in the Church-Government as possibly have crept in contrary to the establish't Law of the Land to which we have been so far from being averse that We have by divers Declarations and Messages pressed them to it though hitherto it hath been to small purpose But when-ever any Proposition shall be made to Vs by them which We shall conceive may any way advance the Vnity of the true Protestant Religion according to the Word of God or establish the Church-Government according to the known Laws of this Kingdom We shall by Our chearful Ioyning with them let the World see that nothing can be more acceptable unto Vs than the furthering and advancing of so good a Work So we bid you Farewell From Nottingham the 26th of August 1642. All in Scotland called for the Conservatours Sitting and said that they must be on their guard The Chancellor calls a Meeting of the Conservators of the Peace when War was like to be on their Borders whereupon the Council ordered the Chancellour to convene them At this time all the Scotish Commissioners returned from London every thing that concerned the Treaty being expeded but the Council thought it necessary to send the Earl of Lindsay and Sir Iohn Smith to lie there for Correspondence of which they gave the King notice With this His Majesty was highly displeased for he said they were either sent to Treat by vertue of the Commission from the Parliament in which case they were not a Quorum or by the Councils Authority if so then he asked who warranted them to do that without his Order yet to take away any ground of Heats or Jealousies he impowered them to go that they might see to the preserving the Articles of the Treaty As for the Conservators of the Peace he gave the Earl of Lowdon Warrant to convene them against the 22th of September and sent Mr. Murray of the Bed-Chamber afterwards Earl of Dysert with Instructions Mr. Murray
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
more Messages as may be most for His Majesties Honour and Peace of His Kingdoms which if they shall refuse or despise I hope we will not then forget that it is our King that is reduced to this necessity and that we will never look on unconcerned where he is so deeply engaged I hope you will pardon the Trouble I give you in reading this long ill-written Letter for had I not been Commanded to it by a Power which God willing I shall never disobey it had not been hazarded on by Your most humble Servant LANERICK Nottingham the last of August 1642. The Marquis took all the pains imaginable on Argyle and Lowdon to perswade them to a cordial owning of the Kings Service Much pains taken to engage Scotland to the Kings Service as the only way to give Scotland a lasting Interest in the Kings Affection which also would make them famous all the World over And since the Scotish Troubles had involved the King in all His difficulties it was just they should study to extricate him and for the pretence of Religion with which the English were cajoling our Scotish Clergy he said he was to be pardoned if he presumed to know them better than they could assuring them that Religion was only pretended by them He took also a great deal of pains in many others to prepare them against the day in which the Conservatours were to meet to which Lanerick came with the following Letter from His Majesty Right trusty c. The Kings Letter to the Conservatours of the Peace HAving been informed that upon Petition of the Commissioners from Our late General Assembly Our Council thought fit that you should meet for discharging of that Trust imposed on you by Vs and Our Parliament whereby all fair means may be used to prevent such Troubles and Divisions as may interrupt or endanger the common Peace of Our Kingdom And as it ought to be the continual study of all Good and Pious Princes to preserve their People so certainly it is the Duty of all Loyal and Faithful Subjects to maintain the Greatness and Iust Authority of their Princes so that without this reciprocal Endeavour there can be no Happiness for the Prince nor Security for the People We are sure Our late Actions in Scotland will to all posterity be an acceptable witness of Our Care in preserving the Liberty of those Our Subjects and Our Desire to settle perfect Peace in that Our Kingdom And We are also confident that the many good Acts We have past here since the Sitting of this Parliament indeed denying none but such as denyed Vs any Power at all and were never so much as demanded from any of Our Predecessors will bear the like Testimony of Our Affection to the Good and Peace of this Kingdom though the success hath not been alike For though We have used Our best Endeavours to prevent the present Distractions and threatning Dangers yet so prevalent have been the opposers of Vs and the Peace of Our Kingdoms that not so much as a Treaty can be obtained though by Our several Messages We have descended to demand and press it unless upon such Conditions as would either by taking all Power of Government from Vs make Vs as nothing or by forcing Vs to quit the Protection of such as for obeying Vs according to Law and their Oath of Allegiance they would have Traytors and so make Vs do an Act unworthy of a King Yet so desirous We are to save Our Subjects Blood which cannot but be prodigally spent if We be necessitated by force of Arms to decide these unhappy Differences that no sooner any such Treaty shall be offered unto Vs by them which with Honour and Safety We can receive but We shall chearfully embrace it This We have thought fit to acquaint you with that from Our Selves you may know Our love to Peace and We doubt not but your Meeting at this time will produce something which will witness your tender respect to Our Honour and Safety and so much We do confide in your Affections as We shall absolutely leave the ways and means of expressing it to your selves So We bid you heartily farewell From Our Court at Stafford the 18th of September This so far prevailed with them at their first Meeting The Conservatours incline to serve the King that all things went very fairly so that they sent a Return to the Kings Letters without making any Judgement on the Differences betwixt Him and the Parliament They also resolved to Mediate betwixt the King and the Two Houses and for that end designed to send the Marquis to Holland with an Invitation from Scotland to Her Majesty for her Return to mediate a Peace betwixt the King and Parliament and to invite the Queen And the Marquis got a Paper signed by almost all the Lords not only those who were the best-affected but by Lowdon Argâ—le Waristoun Mr. Alexander Henderson and the other Leaders of the Party containing an Invitation for Her Majesty to come to Scotland with assurance of Security for Her Person and the free exercise of Her Religion for Her Self and Family so that no others were admitted to share in it and that they should concur with Her Majesty in mediating a Peace betwixt the King and the Two Houses which if it were rejected by the Two Houses they obliged themselves to engage for the King against them This was carried with great Address and managed so prudently that wise men called it the Master-peece of the Marquis his Life Lanerick carried it to the King to receive His Pleasure about it a Note whereof follows written by Lanerick in general Terms DIvers of the most considerable of the Nobility of Scotland and send Lanâ—rick to the King have by the Earl of Lanerick humbly offered unto His Majesty their sense of the present Differences betwixt Him and His Parliament of England which they conceive will hardly be reconciled so long as Her Majesty is at so great a distance and therefore are perswaded it would conduce much for Settling these Distractions if Her Majesty might be moved to return and mediate in so good a Work for which end the Marquis of Hamilton if His Majesty think fit and conceive it may be acceptable to Her Majesty will be ready to go to Holland humbly to invite Her Majesty hereunto in Name of this whole Kingdom of Scotland who will as dutiful and faithful Subjects humbly joyn their Endeavours and Mediation with Her Majesty that His Majesty may have Honour and Contentment and His People Happiness and Security under His Royal Government But the King was jealous of them The King at first welcomed this Proposition with a great deal of Joy but upon other grounds he thought not fit to listen to it for his Affection to the Queen made him fear the hazard of Her Person so much that this Proposition was not entertained which the Marquis often regrated as a Loss
which could never be recovered for this raised Jealousies in the minds of the Scotish Lords as if the King had no Confidence in them which was cherished sufficiently by divers Male-contents upon which the Marquis despaired of getting any good done in Scotland All he judged possible thereafter was to prevent and provide against the Evil he feared and that he prosecuted with all the Zeal he was master of which His Majesty understanding by Mr. Mungo Murray Cupbearer wrote him what follows Hamilton YOur Letter and this Bearer hath so fully satisfied me that I cannot be more confident in any thing than that you will beside what you have deserve that mark of Favour I intend you You know me too well to have more words spent upon you only this I think unfit to trust particulars to Paper having so trusâ—y a Messenger whom I stayed this long expecting dayly a Battel but now I think the Rebels want either Courage or Strength to fight before they be forced So referring you to my Servant Mungo I rest Your most assured constant Friend CHARLES R. Wollerhampton the 27th Octob. 1642. The next Meeting of the Conservatours was on the 24th of November The Conservatours become worse affected where their strain seemed much altered to the worse yet they still resolved to interpose in a Mediation betwixt the King and the Parliament of England whereupon they wrote both to the King and the Two Houses for a Safe-conduct to such as they should send up At this time there were great Complaints of some encroachments made upon the Priviledges the Scotish Nation had enjoyed in France The Earl of Louthian is sent to France for Redress whereof the Council thought it necessary to send one to France and made choice of the Earl of Louthian and sent him first to the King with the Instructions they had given him that His Majesty might send him as His Minister to negotiate that Affair One of the Instructions was to get the Marquis put in possession of the Honour and Revenue of Chastle-herault Upon the Earl of Lowthian's coming to Court the Instructions he had from Scotland were called for by His Majesty who judged he had no reason to allow this Precedent of His Subjects instructing His Agents to Foreign Courts and these are yet extant among Lanerick's Papers But the King caused write them over in his Name so that there was no ground from this to charge any thing on the Marquis as tampering with Foreign Princes which was publickly done by his Enemies on this occasion it having been ordinarily recommended by King Iames to all the Ministers he sent from Scotland to France Neither was this done without the Kings particular Knowledge and Orders for besides that the King gave that Instruction with the rest he very seriously recommended it by word of mouth to Lowthian's Care as he informed the Writer After this the Marquis represented to the King that it were fit he should send down some person of Quality to give fresh Assurances and Hopes before they sent up their Commissioners Lanerick is sent back to Scotland whereupon the King sent down the Earl of Lanerick as the person who understood his thoughts best and was ablest to second his Brother in advancing his Service He came from Oxford in the beginning of December and brought the following Letter from the King to his Brother Hamilton THough the Trust of this Bearer needs not a Credential Letter An extraordinary Letter of the Kings yet the Civility of a Friend cannot but under his hand as well as by word of mouth express his Kindness and resentment of Courtesies which of late have been such that you have given me just cause to give you better Thanks than I will offer at in in words I shall not neglect the lazie use of so trusty a Bearer by referring to him not only the estate of my Affairs here but likewise in what way you will be of most use to Me yet I cannot but tell you I have set up my rest upon the Iustice of my Cause being resolved that no extremity or misfortune shall make me yield for I will be either a Glorious King or a Patient Martyr and as yet not being the first nor at this present apprehending the other I think it now no unfit time to express this my Resolution unto you One thing more which but for the Messenger were too much trust to Paper the sailing to one Friend hath indeed gone very near me wherefore I am resolved that no Consideration whatsoever shall ever make me doe the like Vpon this Ground I am certain that God hath either so totally forgiven me that he will still bless this Good Cause in my Hands or that all my Punishment shall be in this World which without performing what I have resolved I cannot flatter my self will end here This accustomed Freedom will I am confident add chearfulness to your honest Resolutions seeing beside Generosity to which I pretend a little my Conscience will make me stick to my Friends assuring you I have none if I am not Your most assured constant Friend CHARLES R. Oxford 2d Decemb. 1642. This excellent Letter will both shew what pious Resentments His Majesty carried along with him in the greatest perplexities of his Affairs and discover how he did not think that the Marquis had either neglected or abused his Trust. Lanerick acted with more briskness and spoke more home and roundly than his Brother which preserved him in a high degree from the Jealousies which the smoothness of his carriage brought upon him Now the Pulpits were not idle for the Ministers begun again to work on the People The Ministers perswade the People to Arms. for the Defence of the Good Cause now in hazard which was ecchoed back with the applause of the Vulgar The Marquis and Argyle at enmity At this time the Marquis his Friendship with Argyle grew to a Coldness which after a few moneths turned into an Enmity for he finding Argyle so backward in all motions for the Kings Service and that he could not be prevailed upon to continue in a Neutrality in the English quarrel broke with him There was then in Scotland one Pickering an Agent from England who studied to poyson all with Misinformations of the Kings Proceedings and Designs The Marquis is complained of England as the Incendiary He wrote to Mr. Pym that he found good inclinations with all in Scotland to own their Quarrel and declare for them only the Marquis with his Friends resisted it so powerfully that till he were laid aside the success of his Negotiation was to be feared Wherefore he advised to proceed against him roundly and either to summon him to the House of Peers or to send down a Warrant to pursue him in Scotland as the Incendiary betwixt the two Kingdoms and he sent threatnings of this to the Marquis but he found his firmness to the Kings Service was proof against all
Attempts and he could neither be caressed nor cudgelled out of it Most of Pickering's Letters both to Pym and Clotworthy were intercepted from which I draw these Accounts About the 20th of December there was a Council-day a particular account whereof I shall give Great debates in the Council about the Kings Declaration as I have it from a Copy of a Letter written to London in which the Chancellour presented to the Council a Letter from my Lord Lindsay then at London with the Declaration of the Parliament But though the Lords of that Party knew nothing of this yet by private Letters Lanerick had some conjectures of it beforehand After the Parliaments Paper was twice read Lowdon resumed it fully and assoon as he had done with that Lanerick delivered another Letter from the King with as large a Declaration within it and after it was twice read Lanerick bade the Chancellour resume it as faithfully as he had done the former which accordingly he did The first thing the Marquis thought best to move as that of the least Importance which yet would discover how the Council was inclined was the Publishing the Kings Declaration The Lord Balmerino said the Parliament desired not theirs to be published so it were Officiousness to do it but that it were Injustice to publish the one without the other The Marquis asked was that because we owed as much to the Parliament of England as to the King Lanerick added he had a Command from the King for it Argyle answered they sate there to good purpose if every Message to them was a Command and they two let fly at one another for a while with much eagerness But the Marquis and Balmerino took the debate off their hands and managed it more calmly The Marquis said the Vote was to be stated Obey or Not obey the other answered that was the Bishops way of proceeding to procure Orders from the King without Advice and then charge all who offered better Counsel with Disobedience The Marquis said to what did they mean to reduce the Kings Authority if he might not set out Declarations for removing the Aspersions were cast on his Person and Government or would they speak plainly were they afraid that his Subjects might have too good an opinion of him if they heard himself There appeared a variety of Opinions before it was put to the Vote some were for Printing both some were for Printing neither some for Printing the Kings and not the Parliaments and one had a singular Opinion for Printing the Parliaments and not the Kings There were one and twenty Councellours present and it being put to the Vote Print or not Print there were eleven who voted I I I and nine voted No No No. This being carried that the Kings Declaration and not the Parliments should be Printed the Marquis moved next that the matter of these Declarations might be considered But the Lord Balmerino said the Parliament of England was long in contriving their Paper and the King and those about him had been no doubt as long in forming the other and if we shall fall upon a few hours Consideration to give our sense of them we were pretty fellows in faith which he twice repeated This rude Raillery touched the Marquis in the quick because he conceived these words were not so much a reflexion upon himself as on the King who on another great occasion had used the same expression However they had sate and debated long so they gave it over for that day This is set down more particularly because it was the first instance that these two Parties fell visibly asunder and henceforth they continued stated in two Factions But because I love not to name persons upon invidious occasions henceforth all the other Faction shall be designed by the General term of the Church-party others calling them Argyl's Party and the other the Hamilton-party However the Declaration was printed which drew a large share of Censure and Hatred on the two Brothers but the King was so well pleased with their Behaviour that he wrote the Marquis the following Letter Hamilton YOu know I am ill at words I think it were best for me to say to you as Mr. Major did you know my mind and indeed I know none of my Subjects that knows it better and having for the present little else to give my Servants but thanks I hold it a particular Misfortune that I can do it no better therefore this must suffice I see you are as good as your word and you shall find me as good in mine of being Your most assured constant Friend CHARLES R. Oxford December 29th 1642. An. 1643. POSTSCRIPT You cannot take to your self nor express to your Brother better thanks than I mean to you both for the Service you did me the last Council-day Anno 1643. THe next Year begun with Petitions which were brought from divers Shires and Presbyteries complaining of their Publishing the late Declaration but the Conservatours of Peace who were for the most part of the Church-party made this up the best way they could Most are inclined to joyn with the Two Houses against the King for first they declared a Publication was not an Approbation next they appointed the Parliaments Declaration to be also Published At this time the Marquis and Traquair renewed their old Friendship and seeing these Petitions coming in so fast which did clearly insinuate desires of engaging in the Parliaments Quarrel he with his Brother's and Traquair's advice contrived a Cross Petition to be offered to the Lords of Council And as the Motion of it came first from him so the first draught of it was from his Pen of which I find an account under Lanerick's hand so little reason there was to charge him with Juggling in that matter though it was not fit he should have owned it lest upon that account the Church-party might either have accused him as a Plotter or at least cast him from Sitting and Judging in it The Petition follows May it please your Lordships The Cross Petition THat whereas His Majesty with Advice of his Great Council the Estates of Parliament hath been pleased to select your Lordships to be His Councellours and hath by an Act of the late Parliament committed to your Lordships the Administration and Government of this Kingdom in all Affairs concerning the Good Peace and Happiness thereof and in regard of that great Trust reposed by His Majesty and the Estates of Parliament in you your Lordships have been and will continue so careful to acquit your selves of that weighty Charge as you may be answerable for all your Actions and Proceedings to His Majesty and the Estates of Parliament to whom as we conceive you are and can only be accomptable And now we being informed of a Petition presented by some Noblemen Gentlemen and others to the Commissioners for conserving the Articles of the late Treaty upon pretext of your Lordships not Sitting at that time
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
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
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
most to conduce to Our Honour and the Good and Advancement of Our Service as you will answer for it to Vs at your peril and for your so doing these shall be your Warrant Given at Our Court at Oxford the 26th of September 1643. With these Publick Letters the King wrote to the Duke Hamilton HAving much to say and little time to write The Kings Letter to the Duke I have commanded this Trusty Bearer to supply the shortness of this Letter which though it be chiefly to give trust to what he shall say to you in my Name yet I cannot but assure you by my own Hand that no ill Offices have had the Power to lessen my Confidence in you or my Estimation of you for you shall find me Your most assured real constant Friend CHARLES R. Oxford 28th September 1643. The Lords whom the King trusted seeing no present help of Men The Kings Affairs in Scotland decline nor relief of Armes like to come from England were like men desperate and some moved desperate Propositions that according to what had been in some former cases practiced in Scotland there should be Orders given out requiring all to kill the chief Leaders of the Church-party where-ever they could find them setting Prices on their Heads and that with such Orders some of the Blanks should be filled up But the Duke opposed this strongly and said he would take it on him without an Instruction to assure them that he knew His Majesty would rather patiently suffer all things than consent to a Course so barbarous and unchristian As for the practices of some former ruder times these were to be no Precedents now Besides if this were done on the one side they might expect the same Orders would be presently issued out against them from the Comittee of Estates which would bring on an unheard-of Butchery and lay all their Throats open to their Servants whereupon it was laid aside only the Proposition with the Precedents is yet extant and they resolved to see what Force they could bring together under the pretence of their Attendants to the Countess of Roxburgh her Funeral which was to be in the beginning of November But there was some Difference about the Methods of carrying on their designs among these Lords and divers others who were called to their Consultations besides those who were particularly trusted by His Majesty Those whose Fortunes were broken were for brisker Courses and those whose Estates were intire and had the most followers thought it fitter to delay an open Breach as long as was possible This diversity of Opinion raised some Animosities and Jealousies among them so that they fell into a mutual distrust neither was Secrecy though not only enjoyned but sworn closely kept for all their Designs broke out and and yet some who were guilty of this were among the busiest to fasten it on the Duke But the Writer designs only an account of his Affairs without reflecting needlesly on others and therefore here he restrains his Pen. So quickly did their closest Secrets fly abroad that when the Duke was returning home from one of their Meetings a Covenanter Lord came from Edinburgh to meet him on his way and told him to a word all had past at their Meeting as that Lord informed the Writer On the 24th of October the Earl of Traquair went to Court A Message sent to Court by the Earl of Traquair whom the Lords that were trusted by the King had carried along with them in all their Counsels though his Name could not be in the Instructions by reason of the Act that was past against him at the former Parliament With him they sent the following Instructions containing the grounds and steps of their whole Procedure which is the fullest and clearest Dispatch was sent this year most of the other Messages being verbal and so will give great light to the rest It is desired it may be represented to His Majesty that now all He expected from our Affection and Industry here is performed this Summer being spent and he having received no other Prejudice from hence than what might rise from words which we did never pretend to prevent being no ways a Party in the Iudicatories To shew our readiness still to venture our Lives and Fortunes in His Majesties Service which we will make good not only by verbal Expressions but real Actions when we shall see the least probability of Success to His Affairs though to our Ruine To represent the Reasons that hitherto we have not been in Action which have been grounded First upon our Desire of Protracting time the chief thing we had Commission to study in which our Endeavours have not been fruitless Secondly that they not His Majesty should be the first Breakers both a pious just and popular Motive and thirdly our expectation of Supplies both of Men Arms Ammunition and Moneys which we were confident should have been provided for us and without which we never conceived our Strength to be considerable To represent that we would immediately draw our selves together into a Body being thereto authorized by His Majesty if we had the least hope of making it considerable and if we had any proportion of Arms or Ammunition a Place of surety for our Rendezvouz and of safety for a Retreat in case of a Misfortune having by divers Messages represented our Wants and pressed for Supplies with the securing of some Places now lost but still without Success without which many who would joyn with us in this Quarrel of serving His Majesty are unwilling to hazard and divers very considerable and most affectionate Noblemen and Gentlemen have declared that for that reason they cannot bring to that Meeting more than their Domestick Servants so that we justly fear we cannot draw together so considerable a Body as could resist much less offend our Enemies and likewise an impossibility for those and other Noblemen and Gentlemen being only so backed and lying at so great a distance one from another and from the Place which of necessity must be appointed for our Rendezvous to joyn with us And considering these necessities we cannot but be the more tender of going unto present Action seeing His Majesty hath so wisely commanded us to weigh the Consequences of angering before he be able to punish and the Prejudices which may thereby arise to His Service wherein we must proceed as we shall be answerable upon our Perils and therefore we dare not presume to advise the present Engaging of His Majesty by drawing our selves into a Body for many would oppose us seeing then we would be esteemed Rebels within this Kingdom that would be unwilling to go into England which probably cannot be done this Winter though we dare give no assurance thereof but do humbly advise that present Preparation be made for the worst and in discharge of our Consciences and Duties to His Majesty we cannot but represent our Fears of the great Disservices He may receive
that neither the Malice of his Enemies nor the hard measure he had met with at Oxford could overcome his Love and Duty to the King for though he was forced to comply in many things with the Publick Counsels yet he begun very soon to draw a Party that continued to cross the more violent and fierce Motions of Argyle and his followers But here the Writer is forced to stop Papers failing him for prosecuting this Narration The Duke was upon his Brother's Escape used with much strictness his Servants were put from him his Money taken away he was denied all freedom and the use of Pen and Paper was refused him except to write Petitions to the King yea in the Room where he stay'd he met with disaccommodations which are not fit to be named Assoon as His Majesty knew of this which was as long delayed as his Enemies could that Strictness was changed but still he continued to be a close Prisoner And though he always petitioned for a speedy Tryal yet he was put off but for all that severity of Usage his Majesties Affection continued to 〈◊〉 very great for him and he sent him many kind Messages One was caâ—ried by Sir Alex. Frazer which he avouched to the Writer whâ— told him that His Majesty had an entire Confidence in him and waâ— resolved to release him very speedily how his Majesty was diverteâ— from that the Writer does not know But to give the Narration of the Duke's Exercises during his long and tedious Imprisonment is a Task which no Pen but his own could have performed for that great Mind which had formerly dilated it selâ— in gallant Designs and Actions being restricted to retired Contemplations spent it self in thoughts worthy of their Author Here it was that he instead of a Prison begun to see a passage into Liberty and true Freedom and those better thoughts which a crowd of Affairs and the intanglements of Interests had barred free access into his Mind meeting now with none of that resistance but quickened from his present Misfortune wrought a great Change on him And here did the vanity of the World and the folly of human Greatness with all that is splendid on this side of Immortality discover it self free from that false Varnish that had formerly wrought too much upon human Infirmity which raised in him a just undervaluing and loathing of those bewitching but deceiving Charms and he meeting with Reproach and Slander on every side betook himself to the Rock of Ages as to his strong Refuge He was much pained with frequent returns of the Stone which was fed by the lazy rest of his Prison yet his Converse was so agreeable that it took exceedingly with all his Guards and Keepers which being apprehended by his Enemies the place but not the nature of his Restraint was changed And in one of the places of his Imprisonment a Person of Honour who was Governour of the place was so much wrought on by the Nobleness of his Deportment that as from the first time he was committed to his keeping he used him handsomly and with great Civilities notwithstanding strict Orders he had to the contrary so he afterwards offered to let him make his Escape which the Duke generously refused both because he would not do any thing which might turn to the prejudice of the Governour but chiefly because he would not fly from his Majesties Justice nor stain his Innocence by an Escape This Story was avouched to the Writer by the Person himself that made the Offer to the Duke Some who pretended Friendship to him at Court wrote to him that the only way to clear himself of all Imputations was to get his Friends in Scotland to concur vigorously in the King's Service which was then managed with great success by my Lord Montrose but he answered them that since he was charged with such heavy Imputations he did not think it decent to meddle in any thing till he were once Legally cleared of these neither could it be imagined that his Letters would signifie much in Scotland under that Disgrace since his Presence when under high Characters of His Majesties Favour could prevail so little And indeed he had small grounds to expect much from Scotland since those who governed there had never expressed any resentments of his Usage beyond one Act they passed Declaring it contrary to the Priviledges of the Peers And from some of his Friends in Scotland he got Letters upbraiding him for his Services to the King telling him that had he been as faithful in serving the King of Kings he had been better rewarded and that he was well-served for preferring the one to the other But his Imprisonment continued both this year 1644 and the next year and lasted till the end of April 1646 that some of the Parliaments Forces brought the Castle of St. Michaels Mount in Cornwall where he was then Prisoner to a Surrender by which means he had his Freedom MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB V. Of the Duke and his Brother's Imployments after his Enlargement till the Year 1648. Anno 1646. An. 1646. HItherto the Tract of my Narration hath been troublesom and painful but the further I engage in it the Storms grow upon me for now we enter upon Transactions so full of horrour that my Heart and Pen begin to fail me for who can without pain and a force put upon himself recount those dismal Passages that are before me For now a Rebellious Party having laid aside their former Disguises did finish all their Designs in His Majesties Murther and the Slavery of the Nations and in so great a Ruine it was not fit the Duke should escape safe it being more suitable that he that had shared in his Masters good Fortune and had also served him faithfully during his Troubles should likewise follow him in his Sufferings But the Dukes thoughts were fully bent on a Retreat from the World into some retired corner The Duke resolves on a retired Life the Kings Affairs being desperate where he might languish out the rest of his unfortunate Life for by this time the Kings affairs were quite ruined And as he was uncapable of concurring with his Enemies so both his late Usage and the desperate posture to which things were now driven made him resolve to engage no further And his Quality was such that he could not lye neutral when both Parties were in so high a Rivalry one against another Yet he could not temper himself so great was his Affection to the King from studying to do him the best Services and Offices he could both with the Scotish Commissioners at London and his Friends in the House of Peers to engage them to Treat with the King on easie Terms On the â—ixth of May His Majesty seeing Affâ—irs brought to a despeâ—ate pass resolved to throw himself into the hands of his Scotish Subjects The King goes to the Scotish Army
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
Grounds therefore the Duke resolved on a present abandoning of Affairs and of retiring from the World Lanerick was so angry at this Design that he spared nothing that either his Affection or Wit could suggest to divert him from that desperate Resolution as he termed it He told him could he not be Religious but he must turn a Monk and did he not think it best to serve God in that Station whereunto he had called him or must he reject the choice of Gods Providence and turn his own Disposer and was he so mean-spirited as to abandon matters because of the difficulties that were in theâ— But all he could devise was not like to prevail for the Duke protested it was impossible for him to look on and see His Majesties Ruin which was inevitable upon the Grounds he went on At this time the Independents The Independents cajole the King fearing the extremity to which the King was driven might force him to consent to any thing upon which a Settlement might follow betook themselves to strange Methods to obstruct it they therefore gave some hopes that they would be willing to dispense with the imposing of the Covenant and consent to a Toleration of Episcopacy and the Liturgy provided they might be satisfied in other points This suiting so well with the Kings Inclinations had too good a hearing from him but my Lord Lauderdale wrote from London very warmly for undeceiving the King But Lauderdale disabuses his Majesty assuring him that he infallibly knew their Designs were the Ruin of Monarchy and the Destruction of the King and His Posterity and though they might cajole His Majesty with some smooth Propositions those were meant for His Ruine that they might once divide Him from His Parliaments after which they would destroy both Him and them were it in their power But if the King would now consent to the Propositions all would go right and in spight of the Devil and the Independents both he would be quickly on His Throne but Delays were full of danger for they that wished well to the King were becoming daily more heartless and the other Party grew in their Insolence and the Earl of Essex his Death at that time had given the greatest blow to the Kings Affairs they could have met with This he continued to represent by many Letters both to the King and those about Him yet His Majesty was much wrought upon to give credit to those Offers of the Sectaries which made Him the less apprehensive of hazard At length when the Duke saw His Majesty immoveable The Duke obtains His Majesties permission to retire he begged His permission to retire But the King resisted that with so much reason and affection that in the whole Course of His Favours to him there had not been any since the business of Ochiltry wherein He had more obliged him than by the tenderness that then appeared in him Yet the Duke was so importunate that at length the King seemed to give way to it at least the Duke understood it so whereupon with as sad a heart as ever man had he took leave of the King which he apprehended to be his last Farewell and it proved to be so indeed except a transient view he had of Him at Windsor So he left the King and carried home with him a heart so fraughted with Melancholy that all could be done was not able to rouse him out of it and neither the tears of his dying Mother nor the intreaties of his Friends nor the constant persecution of his Brother who was much vexed at it were able to divert him from his Resolution for having overcome the Kings dislike of it which was stronger than all other things with him he was proof against every thing else But His Majesty quickly repented Him of that tacit consent He seemed to give and therefore sent after him this handsom Letter Hamilton I Have so much to write and so little time for it that this Letter will be suitable to the Times Which His Majesty retracts by His Letter without Method or Reason and yet you will find Lusty Truths in it which puts Me again out of fashion but the fitter for him to whom I write Now to My business but lest I should now forget it I must first tell you that those at London think to get Me into their hands by telling Our Country-men that they do not intend to make Me a Prisoner O No by No means but only to give Me an honourable Guard forsooth to attend Me continually for the security of My Person wherefore I must tell you and 't is so far from a secret that I desire every one should know it only for the way I leave it to you to manage it for My best advantage that I will not be left in England when this Army retires and these Garisons are rendred without a visible violent force upon My Person unless clearly and according to the old way of understanding I may remain a Free-man and that no Attendant be forced upon Me upon any pretence whatsoever So much for that A Discourse yesternight with Rob. Murray was the cause of this Letter having no such Intention before because I esteemed you a man no more of this part of the World believing your Resolutions to be like the Laws of the Medes and Persians But however he shewed Me such Reasons that I found it fit to do what I am doing for I confess one mans errour is no just excuse for anothers omission which is to stay your forreign Iourney by perswasion As for the Arguments I refer you to Robin only I will undertake to tell you some positive Truths the chief whereof is That it is not fit for you to go then It is less shame to recant than to persist in an Errour My last is By going you take away from Me the means of shewing My Self Your most assured real faithful constant Friend CHARLES R. New-Castle September 26th 1646. But this Letter will be lame unless made up with the Cover that went about it from Sir Robert Murray which was as he wrote in his next almost wholly the Kings words and not only his sense for the King the night before falling in Discourse with Sir Robert about the Duke discovered very fully the Constancy of His Royal kindness to him whereupon he laid His Commands on Sir Robert to put him in mind of the Inconveniences his obstinacy in that Resolution would heap upon him and mentioned them these are Sir Robert's words with a Friendliness that related not to his own Concernments Indeed they are such as the very apprehension of them cannot but deeply wound a Soul so great as yours They are briefly these The withdrawing your self at this time will be believed to proceed from a tacit Ioy at the appearance of the bad Success of his Affairs or rather out of a design to contribute to it under the disguise of a seeming Retiredness and
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
least you will find that according to My Professions I am Your most assured real constant Friend CHARLES R. His Majesty also expressed His Concerns for Traquair in the following Letter Lanerick ALbeit I am confident that you will further all My Friends Affairs yet I must not be so negligent in Traquair's behalf as not to name his business to you for admittance to his Place in Parliament of which I will say no more but you know his Sufferings for Me and this is particularly recommended to you by Your most assured real constant Friend CHARLES R. Newcastle 17th November 1646. POSTSCRIPT I account writing to you or your Brother all one They consult in Scotland how to dispose of their Armies But the main Business was what to do with their Armies that were in England The Kingdom was groaning under a heavy and unsupportable Burden for their Maintenance so disbanding was a very plausible Motion and all desired that only such Forces should be kept up as were necessary for the Preservation and Security of Scotland The Duke and his Brother regrated much that so many Gallant Men should be disbanded who might be very useful for the Kings Service therefore they opposed all these Propositions arguing that till a final Peace were settlâ—d in England they might look for no Security to Scotland And in their Letters to His Majesty they continued to represent the desperate estate of Affairs if he did not quickly satisfie them in the business of Religion and that the Money for the Pay of the Army was now coming in daily at London and would be quickly ready and after that was sent down they could not keep the Army any longer in England without a present Breach to which they found no inclinations in the Scotish Parliament as long as they were not satisfied in what was so earnestly desired But the King was firm to his first Resolution Master Lesley at his return to the King brought him such assurances of the Affection and Duty of both the Brothers that the next Dispatch carried the following Letters to them Hamilton I Remember yet so much Latine as an old Proverb comes to which is quod valde volumus id sacile credimus This I apply to Robin Lesley's report of your Carriage in My present Service concerning which I will only say that you shall not more certainly make good what he hath promised Me in your Name than I will to you what he hath said in Mine and even in something by way of speaking beyond My Power I doubt not but to make it good as concerning your French particular But I shall leave all things not only of this nature to this honest Bearers relation but likewise whatsoever else may concern the Service of Your most assured real faithful constant Friend CHARLES R. Newcastle 24th Nov. 1646. Lanerick I Have according to your Advice given a quick Return to this Trusty Bearer having instructed him fully in what I conceive necessary to My Affairs wherein in many things I have given him a Latitude to govern them according to your Directions wherefore I will say no more because if I should enter into Particulars I would not know how to end but that with Contentment I find daily more and more cause to be Your most assured real constant Friend CHARLES R. Newcastle 24th November 1646. POSTSCRIPT I recommend particularly the Earl of Morton's Affairs Matters were now ripening unto much Confusion and Mischief which made His Majesty think of a full Answer to the Propositions but before He sent it to London He communicated it to my Lord Lanerick in the following Letter Newcastle 4th Decemb. 1646. Lanerick The Kings Letter about His Answer to the Propositions ACcording to My Promise by little Nobs I send you here inclosed the Answer which I have resolved to send to London wherein you will find a Clause in favour of the Independents to wit the Forbearance I give to those who have Scruples of Conscience and indeed I did it purposely to make what I send relish the better with that kind of People But if My Native Subjects will so countenance this Answer that I may be sure they will stick to Me in what concerns My Temporal Power I will not only expunge that Clause but likewise make what Declarations I shall be desired against the Independents and that really without any reserve or equivocation yet know that no Perswasion or Threatning whatsoever shall make Me alter a tittle of any thing else in it nor that neither but upon these Assurances The end therefore why I send you this before it go to the English Parliament is to try before-hand how I can procure it to be countenanced by My Scotish Friends for which you are to use all possible industry not seeking a full Approbation but taking what you can get absolutely commanding you not to hazard it in a Publick Way unless you be sure that I shall receive no rub in it For this I conceive it were a wrong to you to use any Arguments to make you do your best but to tell you this is Coup de partie assuring you that I shall not judge you by the Event but by your Endeavours which I am confident will be according to your Professions and for Gods sake do not so much as expect much less linger after any other or further matter from Me whereby to serve Me in this great Business for upon the Faith of a Christian you shall have no more than what is now laid before you And know that I rather expect the worse than the better Event of things being resolved by the Grace of God and without the least repining at him to suffer any thing that Injury can put upon Me rather than sin against My Conscience of which upon My credit you see the furthest Extent in relation to the present Affairs I say no more but difficilia quae pulchra and so God bless your Endeavours Your most assured real constant Friend CHARLES R. POSTSCRIPT In order to that I have written and sent you herein I have commanded this Trusty Bearer Sir James Hamilton to tell you as many things as I can remember whom I desire you to return to Me or some other Trusty Messenger assoon as you may with what I am to expect from thence The inclosed Paper is marked on the back by the Kings Hand thus The Answer to the Propositions which I have resolved to send to London which I insert because it is not among His Majesties Printed Messages His Majesties Answer to the Propositions tendered to Him by the Commissioners from the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. AS it is His Majesties chief desire to make such a Return to the Propositions The Kings Answer to the Propositions as may speedily produce a blessed firm and lasting Peace in all His Dominions so He hath employed His uttermost endeavours
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
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
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
Lesly's Discourse and Instructions but I do not so well understand your Letter of the 23th of this Month as not agreeing fully with what Robin hath said and shewn to Me wherefore I have the more reason to desire you to hasten your Coming up In a word every minute that you stay 't is so much the worse for the Affairs of Your most real constant Friend CHARLES R. Hampton-Court 29th August 1647. For Particulars I refer you to Robin The King was then so filled with Hopes from Assurances given Him by the Army The King is abused by the Army that He was out of doubt of getting things carried by Treaty and therefore continued to press Lanerick's Coming up The Earl of Lauderdale wrote also to Scotland that some Person of Eminence might be sent to concur with him in the great Transactions that were coming on whereupon the Lord Chancellour and Lanerick were appointed to go up upon which a Pass was signed by Fairfax for the Earls of Lowdon and Lanerick according to the desire sent from Scotland to come and wait upon the King But their Coming up was delayed the occasion whereof is given in the following Letter written by my Lord Lanerick to the King which though I set down in the due Stile yet both it and almost all the Letters written this Year being in Cypher run in the third person but for making the Narration smoother I have presumed to change their phrase a little Sir THe difference betwixt Robin's Relation and my Letter of the 23th of August last I shall easily reconcile The Reasons that stopt Lanerick 's Journey for some time when I shall have the happiness to see Your Majesty for I can hardly speak truth and sense without running a hazard of making my self useless and uncapable of speaking at all Those of the Chancellor's Friends who were against his being employed at this time take occasion to press a Delay to his and my present Going to London or Court from the Two Houses their not yet answering a Letter the Committee here wrote to them for Reparation of the Affront done to the Earl of Lauderdale and for Assurances to all Commissioners employed from this Kingdom so until a satisfactory Answer be returned to that Letter it is alledged that their Going will be useless since except they be allowed by the Two Houses access to Your Majesty may still be denied them and so their Endeavours to serve You frustrated This is the rather urged by reason of many informalities in the Pass sent them by Sir Thomas Fairfax by which they were only warranted to come to Your Majesty at Hampton-Court and if You chance not to be there it doth not warrant them to wait upon Your Majesty in any other place especially since it bears not at all a liberty for them to go to London where their Endeavours probably would be of the 〈…〉 use If the Earl of Lauderdale had not been affronted they would not have desired any Assurance at all but that being unrepaired for they are not at all satisfied with Sir Thomas Fairfax his Answer to the Two Houses Letter in that particular if they shall have occasion to move any thing in Your Majesties Favours which shall be disliked by the Parliament or Army they may chance to meet with the same or worse Vsage that Lauderdale did I was not so scrupulous but willingly would have hazarded through these or any Difficulties being required as I am by Your Majesty to haste thither but the Chancellor's Stay would have made my single Going I being only employed to Your Majesty useless yet if it shall be thought fit and I again commanded to it want of Formalities or Passes will not fright me from my Duty In the mean time Instructions are this day sent to our Commissioners at London to delay their concurrence in sending the Propositions of Peace to Your Majesty till the Chancellour's Coming for the Committee resolved to adhere to their former Instructions in pressing Your Majesties Coming to London with Honour Freedom and Safety for confirming so far as You have already granted by Your Message of the 12th of May last and there to Treat upon the rest of the Propositions Thus begging Pardon for this tedious account I expect Your Majesties further Commands which shall immediately be obeyed by Your Majesties most humble most faithful and most obedient Subject and Servant LANERICK Edinburgh 4th September 1647. His Majesties Answer follows Lanerick The Kings Answer to Lanerick YOu had reason not to come up without the Chancellour but I do not understand why you did both stay for is this a time for Scotland to vie punctilio's of Honour with England and thereby neglect even almost to loss the Opportunity of redeeming that Fault which they committed at Newcastle certainly you are not yet in the right way But seriously I write not this for you but to you that others by you might learn more wit In a word Time is not altogether lost redeem it for shame and be not startled at My Answer which I gave yesterday to the Two Houses for if you truly understand it I have put you in a right way where before you were wrong remember the Proverb Ill bairns are best heard at home I say no more but make what haste you can with your Colleague to Your most assured râ—al constant Friend CHARLES R. In the mean while a Message was sent from Scotland to the Parliament of England for such a full Pass as was demanded Lowdon and Lanerick with difficulty are permitted to wait on the King which drew on a great Debate for Haslerig Martin and others of that Cabal argued much against it saying why should Lanerick be sent up who was a known Incendiary and the Latham Letter mentioned in the account of the Year 1643 with many other Particulars were remembred Next they excepted against it that by the Pass that was demanded it appeared they were to go first to the King as if they had been to Treat without the Parliament of England But old Sir Henry Vane took them up sharply for remembring things which were long ago buried yet the Heat was so great that it was referred to a Committee to consider of it but in end it was granted All this while the Earl of Lauderdale went not near Westminster because he got not Reparation for the Affront put on him by the Army but was extremely vâ—xed to see the King possessed with such a good opinion of the Army and used all the ways he could think of to undeceive Him In the beginning of October the Earls of Lowdon and Lanerick came to London The Scotish Commissioners wait on the King and with them the Earl of Lauderdale went to wait on the King who was then at Hampton-Court and after they had learned from Him the State in which His Affairs were and had expressed the Sense and Affection of His Subjects in Scotland who judged all their happiness
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
Lanerick Cousin YOu will perceive by this that you cannot make more haste in obliging Me A Letter from the Queen to Lanerick than I shall on My part in witnessing My Acknowledgements of it I ascribe a great deal of the good Inclinations your Commissioners do now express to the good Offices you do of which I intreat the Continuance The testimonies of Friendship which I receive from those of your Family surprize Me less than what I met with from other Hands and I promise My Self to see further effects of it And as I have all the esteem of you that you can expect so you owe Me the Iustice of believing that I shall give evidence of it upon every occasion that shall be offered to Me nor shall I rest satisfied with that but shall diligently search out every opportunity of expressing it Therefore I entreat you to believe that I am Cousin Your very good and very affectionate Friend and Cousin HENRIETA MARIA R. Towards the end of December the Earls of Lowdon Lauderdale and Lanerick The Scotish Commissioners go to His Majesty followed the English Commissioners to the Isle of Wight and after they had protested against the Bills they concluded their Treaty with His Majesty to engage for his Rescue and Re-establishment on his Throne and to bring in an Army into England assoon as it were possible for that effect An Agreement with the King to bring an Army for His Service The King on the other hand engaged to them for all the Assistance they could demand from the Queen or Prince or any other who would obey His Authority and that the Prince should come to Scotland assoon as they found it convenient to invite him and that His Majesty should grant all the Desires of Scotland which with a good Conscience he could grant And the Commissioners having advised and agreed with His Majesty both about the Methods of carrying on their Designs and the ways of keeping Correspondence with him they resolved to return home to Scotland and so they left His Majesty at Wight in the end of the Year But upon the Kings refusing to pass the Bills he was made close Prisoner and a Vote passed in both Houses against all further Addresses to him MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB VI. Of the Dukes Engagement for the Kings Preservation and what followed till His Death Anno 1648. An. 1648. THe former Book has given the Reader a just and full Representation of His Majesties Imprisonment and the Danger his Person was in of the Force put on the Two Houses by the Army and of the breach of former Treaties with the Scotish Nation and now it cannot but be imagined that such Illegal and Unjust Proceedings must have inflamed the Resentments of all good Subjects and more signally of such who had formerly been carried away in the crowd to act against the Kings Interests but now seeing how fatal the Breach between the King and his People was likely to prove to both were much concerned to correct all former Errours and expiate all past Faults by a vigorous appearance for the Kings Rescue out of his Imprisonment In order to this Design the Duke was not idle in Scotland The Dukes endeavours in Scotland but by all the Art and Diligence he was Master of did study to rouse up and work upon the Fidelity and Loyalty of that Nation representing that now an Occasion was in their Hands to witness to the World the sincerity of their Intentions for their King when he was under so base a Restraint and Designs were hatching against his Life Would they now look on and see the King murdered the Parliament of England over-awed the City of London oppressed the whole English Nation enslaved the Treaties with Scotland so unworthily violated the Covenant and Religion so neglected and swarms of Sectaries over-run all Now or never was the time for declaring themselves and if Duty did not move them yet the apprehension of their own Danger might provoke them to look to themselves for did they think to escape the fury of the Sectaries if they were so tame as to suffer them to prevail in England therefore all Laws Divine and Humane did oblige them to look to themselves and to those Enemies of theirs And there was good reason to hope for success since besides the Blessing of God which might be expected upon so just and Noble Enterprizes the People of England were groaning under this Usurpation and would be ready to assist them and they had reason to expect a welcome from the City of London and the better part of the Two Houses These things did prevail much on the most of the Nobility and Gentry Three Parties in Scotland But at this time Three Parties begun to appear in Scotland The one was of those who would hear of no Proposition for the Kings Delivery unless he first gave satisfaction in matters of Religion and this was made up of the Preachers and a few of the Nobility and the Western Counties Others were for a direct Owning of the Kings Quarrel without any restrictions and for taking all Persons who had been in Arms for the Kings Service within it The Earls of Traquair and Calendar were the chief of these and many Noblemen were of it who called themselves the Kings Party but their Power in the Country was not great The Duke was as much for that in his thoughts as any of them but saw it impossible to effectuate the Kings business at that rate and therefore judged it best to go on in so great a Design by degrees The present Strait was that he first looked to which was the Rescue of the Kings Person and he doubted not if they once got a good Army engaged upon that account though all were at first clogged with many severe Restrictions yet it would be easy afterwards to carry things that were not to be then spoken of and this way took with almost the whole Gentry of Scotland The Scotish Commissioners spent much of the month of Ianuary at London The Commissioners return to Scotland establishing a good Correspondence with the Kings Friends in England and they had Letters from St. Germans in France in which the Queen and Prince undertook to make good to them all that had been promised by the King in their Name And in the Commissions the Prince gave to Sir Marmaduke Langdale and others for Levying of Forces in the North of England he commanded them to receive their Orders from the Earls of Lauderdale and Lanerick and follow their Commands Thus having laid down the best Methods they could think of with their Friends in England they set out for Scotland about the end of Ianuary At their coming to Scotland they found a general dissatisfaction with the Kings Message in November about Religion And though all the Duke's Friends were ready to have hazarded their Lives for His
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
was at that time much influenced by the Dukes Enemies yet Bellandin got many promises made him of a large supply of Mony and Ammunition Upon these Expectations the Earl of Lanerick was against a speedy March into England but much pressed by others but this was opposed by the Earl of Lauderdale who pressed a present Dispatch They were called upon so earnestly from their Friends in England that to linger still was to lose the Kings Party there for now the Kentish men were broken and some of them had passed over unto Essex where many rose with them and carried Colchester and made a good Body both of Horse and Foot but were not able to hold out long against the Army yet they gave them divers foils But that of the greatest Importance was that most of the Navy had declared for the King and desired a Correspondence with Scotland and Willoughby who was made Vice-Admiral by the Prince was a great Friend to the Scotish Nation The Earl of Inchequin also with his Army in Ireland had declared against the Parliament and sent to Scotland a very kind Message for a good Understanding with that Parliament and finally a part of the English Army being much sollicited by the Church-party in Scotland who complained that they were now exposed by them to Ruin was coming North-ward under the Command of Lambert and Langdale had written to them that he could not be able to stand long before Lambert if he were not speedily relieved and that Carlisle also would be in great hazard neither was the hazard only the loss of Carlisle of which they made less account but the Army which was with Langdale whose Wives and Children were in Carlisle did threaten to leave him and Capitulate if that Place were not preserved Besides all this they at Westminster to temper the general Hatred against them had called back the Secluded Members of both Houses and were Levying new Forces and had Voted a Personal Treaty with the King at which time also one Osburn avouched that there were Designs against the Kings Person and that himself had been sollicited to assist in the poysoning him All these Considerations were pressing and could admit of no delays wherefore Lauderdale insisted for a present March and that the Dukes Carriage might shew it was the Kings Service and not a Faction he was designing nor Resentments against these who withstood him in Scotland for so did Lauderdale mistake Lanerick's advice for curbing of the Church-party and punishing their Leaders The Duke saw great reason on both sides and is resolved on and though his own Judgment went along with his Brothers Advice knowing well it was easie for him to have forced all Scotland very soon into a Compliance with their Design which being once done he could have marched into England upon greater advantages and with a far better Army yet he was content to be over-ruled believing that if they were prosperous in England upon which depended all their hopes it would be no great Work to Master any Opposition might be made in Scotland And thus did the unripened forwardness of those in England force the Duke on a fatal Precipitation of Counsels The resolution was taken and a General Rendezvous appointed to be at Annan near the Borders of England on the 4th of Iuly All this while my Lord Lanerick had not forgotten the Kings Commands about the Marquis of Huntley but the ill Opinion the Church-men had of them was such that to have proceeded roundly in that matter would have given greater grounds of Jealousie to that Party therefore the Iunto sent him word to the Castle of Edinburgh where he was then Prisoner that though at that time it was not fit to set him at liberty by an Order yet they were willing he should make his Escape and they offered their Assistance for conveying him safe away But he said he was brought thither by Order and he would not steal out as a Thief and from this fatal stiffness they could not get him removed yet they resolved to liberate him openly when they should be better able to avow their Actions The Opposition the Church-men made to the Raising of the Army An Insurrectâ—on at Mauchlin did still retard the Levies and discourage the Souldiers though the Officers were generally resolute Some Forces were sent West-ward under the Command of Sir Iames Turner to keep that Country quiet who found a little Authority vigorously managed did quickly tame some of the most unruly But at Mauchlin there was a great Gathering under the Colour of an Assembly to a Solemn Communion and many went thither Armed pretending hazard from the danger of that time Turner got notice that an Insurrection was designed there and advertised the Duke of it who ordered Turner not to stir till the Earls of Calander and Middleton should come to assist him who came to Pasely on the Saturndy before that Communion they drew out the Forces that lay there consisting of two Regiments of Foot and fourteen Troops of Horse and marched to Steuarton where the Earl of Glenâ—airn and others of the Nobility met them Some advised a March of the whole Forces others thought a few Troops were sufficient for dispersing that Multitude whereupon Middleton was commanded out with six Troops who found them near two thousand strong Horse and Foot but being ill-commanded they were soon disordered Middleton and Hurry gave the Charge and were briskly encountered so that they were made to retreat with the loss of some men and both Middleton and Hurry got slight Wounds but the Party that had given them this rude Shock having cleared a way for themselves made their Retreat The report of this Disorder was brought hot to Calender who leaving the Foot at Kilmarnock went with the eight Troops he had with him to assist Middleton but upon his appearing all run away The Horse were not pursued sixty Foot Souldiers were taken and five Officers and some Ministers who were all dismissed only the Officers were condemned to dye by a Council of War but were afterwards pardoned by Calander Some Forces were sent towards the Borders After this before a General Rendezvous was possible the Duke for animating those of Carlisle who began to be sore put to it sent Collonel Lockhart with some Regiments of Horse to lye at Annan and Collonel Turner with five or six Regiments of Foot to lye at Dumfrice hoping thereby to hinder Lambert from coming near Carlisle wherein his expectation did not fail him for no sooner came Lockhart to Annan but Lambert drew his Troops nearer and Sir Marmaduke Langdale got air a while for Provision both for his Men and Horses and against the day appointed the General came from Edinburgh to Annan with Calander Middleton and Baylie and several Regiments of Horse and Foot The Army enters England Turner also came to him from Dumfrice with the Regiments that lay there and some Ammunition and abundance of Meal
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
the negative Answer to them That this was about five in the Morning and that Wayte and he went apart of the way towards the place of Treaty where he heard the Articles were concluded Lilburn was next examined who deposed That the Articles were signed by himself and the other Treaties about five in the morning and were to be ratified by the Duke and Lambert and that his own meaning of Preserving the Dukes Life he knew not how the rest meant was only to preserve him from the violence of the Souldiers and not from the Justice of the Parliament At this Peters rose up expressing great dislike of Lilburn's Gloss saying that much tenderness was to be used where the Life of so eminent a person was concerned That he had seen many Articles of War but had never heard of such ambiguity and that it was clear by those Articles the Duke held his Life secured as well from the Parliament as the Souldiers and wished to God that if their Commissioners had meant otherwise it had been so expressed in the Articles it being most necessary that Articles were in a concernment of Life The President answered You say well for the future but it is now too late His Grace resumed what had been said and spoke much on the Articles for weakening Lilburn's Gloss. The Duke is falsly accused by the Governour of Windsor-Castle Next the Governour and Marshall of Windsor were examined about his Escape from Windsor-Castle the Governour deposed that the Duke said to him he needed not fear his Escape he would be a true Prisoner and not go away though the Gates were opened The Marshall said he only heard this from the Governour The Duke expressed a deep râ—sentment of this Injury done him by the Governour who wounded his Honour so much which he valued above all earthly things and did shew how unlike it was that any such thing was either demanded or granted since that is only done for a little more Liberty whereas he was all the while kept under strict Guards nor had he the liberty of walking in the Park but was always guarded by two Keepers the one lying all night in the Room next him and the other every night locking the Door and carrying the Key with him That the Governours Testimony in this matter was not to be received he being a Party and now in hazard for his negligence for he was told that if he escaped he should die for it adding that if he were not a Prisoner he would desire right of the Governour for that Scandal cast on him and choose no other place for it but Westminster-Hall But to all this the Governour made no Reply only the President said that though he could not blame the Earl of Cambridge for what he said yet for all that the Governour was not to be discredited The Duke pleads for himself from the Articles granted him After this the Duke spake a little to all the three Branches of his Plea reserving the fuller enlarging upon them to his Counsel He insisted most on the Articles which he doubted not were sufficient to protect him he desired them to consider how Sacred Articles of War were reputed in all Places and among all Nations and how inviolably they were kept all Princes and States being most careful to observe them not only to Strangers but to Subjects having great regard to Articles though only for Quarter much more when there was a Capitulation for Life adding the following Instances Elisha the Prophet would not suffer the King of Israel to kill the Syrian Captains saying Wouldst thou smite those whom thou hast taken Captive with thy Sword and thy Bow The Blood of Abner lay on Ioab's head who killed one that had the Kings Safe-conduct The Gibeonites also though they used Ioshua deceitfully yet were preserved according to the Articles given them and not only Saul's House but the whole Land suffered for the violation of them That Prince Robert and the Lord Cottington though excepted from Life or Pardon by Act of Parliament were notwithstanding that upon the Articles of the Rendition of Oxford permitted to go beyond Sea and never questioned for Life and the like Justice was done the Earl of Bristol and the Lord Paulet upon the Articles of the Surrender of Exeter though both were excepted from Pardon and that the Lord Fairfax and the Officers of the Army were most careful to see Articles always kept in which they judged theiâ— Honour deeply concerned and had often written to the Parliament to that end therefore he did not doubt the like Justice would be done him By this time it was late and the President appointed Monday next for the Duke to finish his Plea in matter of Fact ordering his Counsel to be in the Court for their better Information and so they adjourned Monday the 19th the Duke and his Counsel were brought to the Bar. The sixth Appearance Collonel Wayte was examined who deposed that the Duke rendred himself to be the Lord Gray's Prisoner and desired Wayte to protect him from the Multitude who thereupon left a Guard at his going away But during his Deposition Peters said he lies he lies and Peters Spencer and other Officers who were with Wayte at Vtoxater being examined did totally falsifie his Deposition Divers were also that day examined about the place of the Duke's Birth who all swore they heard it always said that he was born at Hamilton and that it was not a thing to be doubted of others were examined about the Signing of the Articles who all Witnessed that they were signed long before the Lord Gray came and Major Blackmore deponed that the Duke's being the Lord Gray's Prisoner was by an Agreement betwixt him and Lambert whose occasions pressed him to go suddenly North-ward After this the Duke spake a little to shew how little weight was to be laid on Wayt's Testimony which was so evidently disproved Next his Counsel asked the Courts Directions how they should proceed and the Court answered that after the matter of Fact was handled they might plead in Law upon all the parts of the Plea and they told the Duke by the next Wednesday to finish his Evidence He desired a Warrant for bringing some Gentlemen then Prisoners in White-hall who were his material Witnesses but the Court adjourned and promised to consider of that Motion in the Painted Chamber yet they granted it not Wednesday the 21st the Court sate The seventh Appearance and the Duke was brought to the Bar. Some were interrogated about the time of his Birth to prove him post-natus but it was not proved one person only swearing that he heard him say he was some years younger than the King Evidence was also brought of his Conjunction with Langdale which they accounted Treason yet even that was not clearly proved though it was much laboured Some Letters of his to Langdale had been taken and were brought into Court but as the Letters proved
their Act which constituted this Court for his Trial declared him a Traytor it was not to be disputed what the Parliament had Power to do but no Parliament had ever done the like before and the meaning of the Act must be that he should be tried whether guilty of Treason or not since if the Parliament have already declared him a Traytor further Trial was needless And it was clear the Parliament by their Act in Iuly last which declared all the Scots who entred England Enemies considered not the distinction of Post-nati nor judged that inferred Treason since most of them all were Post-nati That many of the Officers of that Army who had been taken Prisoners though clearly Post-nati were ransomed others banished others still in Prison why then should the imputation of Treason be fastned on the Duke when the rest were used only as Enemies And for the Articles they made it appear they were the Publick Faith of the Kingdom when given by persons publickly Authorized upon the observing of which inviolably depended the whole Intercourse of all Nations and their mutual Confidence which is founded on all States being bound by the Acts of their Publick Ministers That this was not a pure Rendition but a Paction concluded upon Deliberation wherein the Parliament lost nothing but on the contrary were Gainers That the Parliament had ratified this upon the matter by Voting a hundred thousand pound Sterling Fine to be the price of the Dukes Liberty That the secret sence the Treaters pretended was not to be considered since all Compacts are to be understood according to the clear meaning of the Words the universal sense of Mankind who look on Articles wherein Life is granted as a sufficient Security not only from the Souldiers but from the Civil Powers and that these Treaters when the Articles were agreed should have made known their secret meaning otherwise it was not to be regarded and it was a most dangerous Precedent to admit of collateral Averments of secret meanings against express words much more in a Case of Life and yet much more in Military Agreements wherein the Concernments of Armies and Nations were included and which concerned the Honour and Security of all Souldiers and for this divers Precedents were cited The Argument ended thus That as the Court consisted of Gentlemen Lawyers and of Martial men so the Plea consisting of three Branches was the more proper for their cognizance a part of it being drawn from the Law of England another part from the Civil Law and a Third part from the Martial Law and if the Plea in any of the three Branches was made good and they doubted not but it would be found so in them all the Court would be satisfied there was Reason Justice for preserving the Dukes life The Tenth Appearance The Court adjourned till Friday the second of March and the Duke being again brought to the Bar the Counsel for the People pleaded but so poorly that all who heard them were asham'd But they had one advantage that neither the Duke nor his Counsel were allowed to speak after them nor to discover their impertinent Allegations which made the Dukes Counsel obviate all they could imagine they might say though they said a great deal so far out of the way of Reason that none could have thought of it and yet it was so weak that it needed neither be obviated nor replied to Yet at the end of every Branch of their Pleading I shall add the Answers against them as they are set down in some Notes taken by the Dukes Counsel The Counsel for the People plead against the Duke They begun with Alienage and studied to make it appear that though he was a Scotchman born yet he was no Alien having enjoyed all the Priviledges an Englishman was capable of as being a Peer a Privy-Councellour possessing Lands and Inheritances and Marrying in England But Naturalization cannot be but by Act of Parliament and not by the Kings single Deed much less by those Priviledges of which any Stranger might participate Next they urged his Fathers Naturalization and since his Name was not in that Act as was in other Acts of Naturalization that proved him to be no Alien otherwise his Name had been put in From that it rather appeared he was an Alien since others found it necessary to insert their Childrens Names which his Father not doing proves the Son an Alien still They also urged his being Post-natus which must be held true since he brought no Evidence to the contrary and it being so his Tie of subjection was as great in England as in Scotland That Allegeance was only due to the King and not to the Kingdom That there was a King when he entred into England and that though he was secluded from the Government yet all Writs were issued in his Name so that this Expedition was a breach of the Allegeance he owed the King This was the oddest part of all their Plea since his Charge was that he assisted the King against the Kingdom and now they did plead he owed no Allegeance to the Kingdom but to the King whom they had so lately murdered the Dukes coming with his Army being only to relieve him from the Barbarous Vsage he had met with They also urged at large That an Englishman's Children in what place of the World soever they were born were Denizens of England and cited many Precedents But the Mis-application of them was gross and palpable those being of Persons who were Englishmen before their Children were born whereas the Duke's Father was naturalized after he was born so that he could not communicate that Priviledge to him which he did indeed transmit to his Children born after his Naturalization Next they pleaded that the Parliament of Scotland had no power to commissionate him to enter into England and that if some of them were there they ought likewise to suffer for it and it was fit he suffered for his Masters who employed him That it was pitty the King had not suffered sooner They also produced many Precedents of Strangers being condemned as guilty of Treason for Treasons committed in England as the Queen of Scots Lopez Perkin Warbeck the Lord Harris Shirley the Frenchman and the Spanish Ambassadour All this was obviated in the former Argument where distinction was made betwixt secret Practices and an open Invasion with a forreign Force They added That Scotland belonged to the Crown of England and so was to be look't on as some of the Counties of England But Scotland had no subjection to the Crown but only to the King of England whom they had murdered and so they had no Power to judge any Scotchman As for the Articles they pleaded it was not in the Power of the Army to absolve any from the Justice of the Parliament which being above them was not tied to their Articles and therefore though they confessed the words ought to have been less
ambiguous yet they said the Exposition of those who Signed them was to be admitted since every man was to be the Expounder of his own words and pleaded some Precedents about the Exposition of ambiguous words But the words here were plain and not ambiguous only a treacherous Equivocation was invented to break them Cook by a strange subtilty said The Articles only secured his Life during Imprisonment so that his breaking of Prison and being retaken put an end to the Obligation of the Articles Though he broke not not Prison but went out at Door and Gate which was no Crime Thus did the Counsel of the People plead against him to the conviction of all who looked on that they thirsted for his Blood and were only seeking colours of Justice for it which yet were so slight that they could serve for no Disguise but only to abuse those who were blinded with Prejudice The Court adjourned to Tuesday being the sixth of March And then the Duke was brought to the Bar and the Judges sate in Scarlet they rejected the Dukes Plea in all its Branches The last Appearance in which Sentence was given and found him guilty of the Charge whereof he was indicted But before Sentence Bradshaw the President resumed all and spoke long for aggravating of every particular justifying every thing their Counsel had pleaded as if it had been all both good Law and good Reason then he caused read the Earl of Essex his Commission to shew how little Power was given him But spoke nothing of Fairfax or Lambert their Commissions which had been more pertinent but the reason was they were ampler and yet the Parliament had never refused to ratifie any Articles Essex gave He confessed the Dukes Articles were fuller than any others therefore he would insist the more to invalidate them He said It was true if there had been a War proclaimed and prosecuted betwixt a Forreign Nation and Enemy and England then by the Law of Nations to which their Law was consonant Articles signed by the Commissioners of both Parties should have been kept inviolable but the Prisoner was no Enemy for when the ordinary Course of Justice was obstructed by the late Kings prevailing Party so that neither Constables nor Sheriffs nor other Civil Officers could lay hold on such Delinquents as he was or bring them to Punishment the Parliament was forced to raise an Army Commissionating their Generals to bring such to condign Punishment This being the end and substance of their Commission it was not in their Power who were but the Sword of Justice in the Parliaments hand to give Articles for securing any from the Justice of the Parliament since it was never intended their Acts should limit that Power that gave bounds to them He added also that the Court was fully satisfied that the Duke was naturalized The President laid out also the Case of the other Prisoners then at the Bar and spoke many hours at last Sentence was given against them all That their Heads should be severed from their Bodies on Friday next being the ninth Instant yet it was remitted to the Parliaments Consideration what Mercy should be shewed to any of them and so the Duke was carried back The rest of that day and the next day the Duke was earnestly solicited to preserve himself by making Discoveries And Mr. Peters who appeared concerned for him during his Tryal did now insinuate himself on him to draw somewhat from him but all was in vain there being no choice to be made betwixt a Glorious Death and an Infamous Life On the Eighth of that Month it being put to the Vote of the House whether he should be Reprieved or not it was carried in the Negative The Duke prepares for Death That day the Duke spent in fitting himself for Death by Prayers and Spiritual Conferences and that he might discharge himself of all worldly Cares he wrote the following Letter to his Brother Dear Brother SInce it hath pleased God so to dispose of me and writes to his Brother that I am to be in this World but a few hours you cannot expect that I can say much to you nor indeed is it necessary for I know you will do undesired as far as is in your Power what I now briefly mention First That you will be a Father to my poor Children and that they be not forced to marry against their Wills The Debts I owe are great and some Friends are bound for them but the Estate I leave you is such as will satisfie what I owe and free my Cautioners from Ruin You are Iust and I doubt not of your performing this I cannot forget to recommend my faithful Servants to you who have never had any thing from me in particular Cole Lewis and James Hamilton I have given something to them during their Lives which I hope you will see payed to them I shall say no more but the Lord of his Mercy preserve you and give you Grace to apply your self aright to him in whom there is only fulness of Ioy. Dote not upon the World all is but vanity and vexation of spirit grieve not for what is befallen me for it is by the appointment of him that rules in Earth and Heaven thither the Lord Iesus be pleased to carry the sinful Soul of Your most loving Brother HAMILTON March 8th 1649. At night the Duke the Earl of Norwich the Lord Capel and Sir Iohn Owen were all brought to one Room where they lay all night it was very late before they went to Bed every one having his Friends to wait on him The Duke's Servants ask'd leave to stay all night in the next Room and it was granted the Duke ordered Mr. Cole to come to him about three a clock in the morning which he did but he with the rest were all fast asleep and Mr. Cole returning after half an hour found him awake He made him sit down and gave him many Directions to be carried to his Brother with an extraordinary composure as Mr. Cole vouched to the Writer About five a clock all of them were ready and spent the time very devoutly in secret Prayers and pious Conferences and other holy Exercises all of them expressing great Joy in their present Condition and absolute Submission to the Will of God The Duke expressed his more particularly in the following Letter he wrote to his Daughters My most dear Children IT hath pleased God so to dispose of me as I am immediately to part with this miserable Life for a better and to his Children so that I cannot take that care of you which I both ought and would if it had pleased my Gracious Creator to have given me longer days but his will be done and I with alacrity submit to it desiring you to do so and that above all things you apply your Hearts to seek him to fear serve and love him and then doubt not but he will be a loving Father to you
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
only was her Honour unstained but even her Fame continued untouched with Calumny she being so strict to the severest Rules as never to admit of those Follies which pass in that style for Gallantry She was a most affectionate and dutiful Wife and used to say she had the greatest reason to bless God for having given her such a Husband whom as she loved perfectly so she was not ashamed to obey But that which crowned all her other Perfections was the deep sense she had of Religion she lived and died in the Communion of the Church of England and was a very devout person Many years before her death she was so exact in observing her Retirements to her Closet that notwithstanding all her Avocations and the Divertisements of the Court as the Writer was informed by one that lived with her no day passed over her without bestowing large portions of her time on them beside her constant attendance on the Chappel She bore first three Daughters and then three Sons her Daughters were Lady Mary Lady Anne and Lady Susanna her Sons were Charles Iames and William but all her Sons and her eldest Daughter died young A year before she died she languished which ended in a Consumption of which after a few Moneths sickness she died so that she prepared for Death timeously About a Moneth before her death she called for her Children and gave them her last Blessings and Embraces ordering them to be brought no more near her lest the sight of them might have kindled too much tenderness in her which she was then studying to raise above all created objects and fix where she was shortly to be admitted She died the tenth of May in the year 1638 and left her Lord a most sad and afflicted person and though his Spirit was too great to sink under any burden yet all his Life after he remembred her with much tender Affection She died indeed in a good time for her own Repose when her Lord was beginning to engage in the Affairs of Scotland which proved so fatal both to his Quiet and Life But the Distractions of the following years concurring with the affectionate Remembrance of his Lady which rather increased than abated with time kept him from the thoughts of re-engaging in a married life Neither did the death of his Sons shake him from that purpose since he had so noble a Successor secured for his Family in the person of his Brother and next to him he had two Daughters who were dear to him far beyond the ordinary rate of Children on whom he got his Dignity and Fortune entailed in case his Brother died without Sons His Religion was Protestant and Reformed and as he was a Zealous Enemy to Popery so he was no less earnest for a good Correspondence among all the Reformed Churches His Religion in particular betwixt the Lutherans and Calvinists and therefore was a Great Patron and Promoter of the designs of Mr. Dury who bestowed so much of his travel and so many of his years in driving on that desired Union for I find by many of Dury's Letters to him that as he owed a great part of his Subsistence to the Money and Places were procured for him by the Duke both from the King and my Lord of Canterbury so his best Addresses to the Swedish Court and the Princes of Germany were those he had from him and therefore he continued giving him an account of his success as to his Patron and Benefactor As for our unhappy Differences which have divided this Island he judged neither the one nor the other worth the Blood was shed in the Quarrel and the excess he had seen on both hands cured him from being a Zealot for either He was disâ—atisfied with the Courses some of the Bishops had followed before the Troubles began and could not but impute their first Rise to the Provocations had been given by them but he was no less offended with the violent spirits of most of the Covenanters particularly with their opposition to the Royal Authority As long as the King employed him for the preservation of Episcopacy he served him faithfully and though afterwards he pressed him much for his consent to the Abolition of that Government in Scotland it was not from any Prejudice himself had at it but flowed only from the Affection he had to His Majesty since he saw it could not have been preserved at that time without very visible hazard both to King and Countrey and so he took the National Covenant at the Kings Command Anno 1641 in the Parliament of Scotland He was all his life a great honourer of true Piety where-ever he saw it notwithstanding any mistakes that might have been mingled with it so that whatsoever particular ground of Resentments he had at any who he judged feared God the consideration of that did overcome and stifle it but his first Imprisonment in the year 1643 was the happiest time of his Life to him for there he had a truer prospect of all things set before him which wrought a Change on him discernible by those who knew him best This made him frequently acknowledge Gods great Goodness to him in that Restraint for then he learned to despise at the foolish pleasures of Sin and the debasing vanities of a false World which had formerly possessed too great a Room in his thoughts It is true he chose to be Religious in secret and therefore gave no other vent to it in his Discourse than what he judged himself obliged to which was chiefly to his Children to whom he always recommended the Fear and Love of God as that wherein himself had found his only Joy and Repose The following words are a part of one of his Letters to them which he wrote a little before his last going to England IN all crosses even of the highest nature there is no other remedy but Patience and with alacrity to submit to the good-will and pleasure of our Glorious Creator and be contented therewith which I advise you to learn in your tender Age having injoyed that Blessing my self and found great Câ—mfort in it while involved in the middle of infinite Dangers He was a constant Reader of the Scriptures and during his Imprisonment they were his only Companions other books being for a great while denied him and he making a vertue of that necessity became a diligent and serious Reader of those holy Oracles and studied to take the measures of his Actions from them and not from the foolish Dreams and Conjectures of Astrology though the enquiring after and taking notice of these be among the injurious Imputations Obloquy fastened upon him But so far was he from any regard to them that an Astrologer coming to him in Germany with a Paper wherein he said he should read a noble Fortune he after he had sent him away threw it into the fire without once openinâ— it and indeed he was so far from flattering himself with the
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
that the Duke was suffered to return to Scotland with the King But at His Majesties Landing one appointed by the Parliament to put him from the King required him to withdraw and when the King pressed the Commissioners with the Articles of their Treaty they said they could not oppose an Order of Parliament The King was much offended with this and was inclining to resent it both as an unworthy Usage and as a Breach of Treaty but the Duke told him that at that time Argyle was the person who was most able to render him considerable Service in Scotland therefore though he knew he designed nothing so much as his Ruin yet he advised His Majesty to use all possible means to gain him absolutely to his Party and to neglect himself as much as Argyle desired and not at all to seem much concerned in him adding that he knew when His Majesties Affairs were in a better posture he would not forget his faithful Servants This particular His Sacred Majesty vouchsafed to tell the Writer It was in vain for him to claim either the benefit of the Treaty at Sterlin or Breda Interest and Jealousy prevailing more with these who then ruled than any other Tie so the Duke was forced to retire to the Isle of Arran And goes to Arran where he stayed till the end of Ianuary 1651 nor could his Petitions with the Intercessions of his Friends prevail for allowing him the liberty of coming to fight for his King and Country so that he was forced to stay at Arran till the best half of Scotland was lost Cromwell enters Scotland But God who had suffered the Church-party to prevail long did blast their Force and Success at once for Cromwel upon the Parliament of Scotland's bringing home their King entred it with his Army The Church-party as they had no mind to invade England on the Kings account so were very careful to declare that their Arming against Cromwel was not on the Kings account which they excluded from the state of the Quarrel by an Act of their Committee and declared that they stood only to their own Defence against that Hostile Invasion which was contrary to their Covenant and Treaties They were also very careful to model their Army so that neither Malignant nor Engager that had been of the Kings Party should serve in it for though when His Majesty came to their Army at Leith the Souldiers were much animated by his Presence and with the coming of two thousand brave Gentlemen with him to the Army yet the Leaders of that Party pretended that since the Malignants were in their Army God would be provoked to give them up to the Enemy and therefore forced the King to leave the Army They also forced away all those Gentlemen who came and offered their Service I shall not pursue this account further but only add that notwithstanding all their Confidence of their Army and though they had the Enemy at great disadvantages so that he and all his Officers gavethemselves for gone yet they were with very little Opposition broken and routed near Dunbar on the third of September 1650 Dunbar-Fight and even those who two years before had insulted over the Misfortunes of the Engagement were now themselves taught how ill an Argument Success was to evince the Goodness of a Cause The King is better used in Scotland This procured a great change in the Counsels of Scotland for by that time the honester and better part of the Clergy were by the Murther of the King and the other Proceedings in England filled with distast and horrour at them and began to think how defective they had hitherto been in their Duty to the King and therefore resolved to adhere more faithfully to it in all time coming Others of the Church-party did also see that as Cromwel was setting up a Common-wealth in England so they found many of the forwarder amongst themselves very much inclined to it in Scotland This divided them from the other violent Party made them joyn more cordially with the King and be willing to receive his other faithful Servants to oppose the Common Enemy therefore it was brought under debate if the Act of Classes that excluded them from Trust should not be rescinded and all Subjects allowed to enjoy their Priviledges and suffered to resist the Common Enemy after long debate it was carried in the Affirmative yet none vvere to be received but upon particular Applications and Professions of Repentance The Church-party divided The Commission of the Kirk being also asked their Opinions declared that in such an Exigency vvhen the Enemy vvas Master of all on the South of Forth and Clide all fensible persons might be raised for the Defence of the Country This vvas called the Resolution of the Commission of the General Assembly and was ratified by the subsequent General Assembly But against this many Ministers protested and from thence arose great Heats and Divisions among those of the Kirkmen who owned the Publick Resolutions An. 1652. and those who Protested against them the one being called the Publick-Resolutioners and the other Protesters And now all Churches were full of pretended Penitents for every one that offered his Service to the King was received upon the Publick profession of his Repentance for his former Malignancy wherein all saw they were only doing it in compliance to the peremptory Humour of that time It was about the end of Ianuary that the Duke was suffered to come and wait on the King The Duke is suffered to wait on the King but at that time Cliddisdale with the other Places where his Interest lay were in the Enemies hands who had put Garrisons in Hamilton Douglas Carnwath Boghall and other Houses of that Country Yet the Duke got quickly about him a brave Troop of about an hundred Horse made up of many Noblemen and Gentlemen who rode in it among whom were divers Earls and Lords whose Lands being also possessed by the Enemy they could do no more but hazard their own Persons in his Majesties Service the rest were his Vassals and Gentlemen of his Name and they were commanded under him by a gallant Gentleman Sir Thomas Hamilton of Preston whom he sent with 18 Horse to Cliddisdale to try if the Enemy could be catched at any disadvantage and the People of the Country raised for the King The Enemy kept so good Guards and was so strong at Hamilton that he could not fall in there therefore he went to Douglas where he took about 80 Horse that belonged to the Garrison but could not surprize the House for it was too strong to be taken without Cannon He likewise took all the Horse that belonged to the Garrison at Boghall and killed twenty Souldiers This made the Enemy keep closer at Hamilton upon which the Duke resolved to raise ten Troops of Horse and appointed Sir Thomas Hamilton Lieutenant-Collonel but the Enemies Garrisons gave great interruptions to his
the Frith ibid. The Marq. puts his Souldiers aboard ibid. Some alterations in the Proclamation p. 122. The King orders the Marq. not to go to the North p. 123. The Marq. sails into the Frith p. 124. He sends the Kings Proclamation to Edinburgh ibid. The Covenanters write to him p. 125. To which he answers p. 126. Some come and treat with him p. 127. The Kings Advices to him ibid. A Proposition about the Ferries in Scotland p. 128. The Earl of Rothes writes sharply to the Marq. p. 129. The Marq. Answers him p. 130. The Marq. sends some proposals for a Treaty to the King p. 131. Which the K. is pleased with ibid. The state of the Covenanters Forces p. 132. The K. sends for two Regiments from the Marq. p. 133. A Conference between the Marq and some Covenanters ibid. The K. sends some Lords to the Marq. p. 135. And the Viscount of Aboyn p. 136. The K. is willing to enter on a Treaty p. 137. And is well satisfied with the Marq. ibid. Some on the Borders gained to the Kings Party p. 138. The K. Orders the Marq. to proceed to Hostilities ibid. Who sets about it ibid. But gets new Orders and goes to Court p. 139. A Treaty is begun p. 140. and concluded p. 141. The Kings Declaration ibid. The Articles of the Treaty p. 142. It is variously censured p. 143. And not like to take effect ibid. The Castles are delivered to the K. p. 144. The Marq. offers advice to the K. p. 145. The King thinks to send him again Commissioner ibid. But he gives many reasons against it p. 146. Traquair is made Commissioner p. 148. The K. writes for many Covenanters ibid. Some only come ibid. The Kings Order to the Marq. about them ibid. Montrose is gained by the King p. 149. Traquair's Instructions ibid. Lib. 3. Of what passed after he laid down his Commission till July 1642. THe Marq. retires from Publick Affairs p. 153. Traquair goes to Scotland ibid. The King writes to the Scotish Bishops p. 154. Their Declinatour of the Assembly p. 155. The Assembly sits and are very high p. 156. The King sends further directions to Traquair ibid. A new explanation of the Covenant p. 157. Traquair signs the Covenant p. 158. The King is much displeased with him ibid. Tâ—e Parliament sits p. 159. But is Prorogued ibid. The Covenanters send up their Complaint to the King p. 160. Whom Traquair incites to a War ibid. The Earl of Lowdon put in the Tower ibid. and the reason of it p. 161. A new War resolved on ibid. An. 1640. The Covenanters preparations p. 162. Lanerick is made Secretary of State ibid. Lindsay writes to the Marq. to prevent a War ibid. The Marq. answers him by the King's Orders p. 163. The Grounds of the Covenanters confidence p. 165. A short Parl. in England p. 166. The Privy Councellours lend money ibid. And so does the Marquis ibid. The Parl. in Scotland sits without any Commissioner from the King ibid. And send up their Acts to the K. p. 167. With which the King is much offended p. 168. A Memorial of Lowdon's p. 169. An Agreement between the Marq. and him in two Papers p. 170 171. He is set at Liberty ibid. Lanerick writes by him in the King's name to the Committee in Scotland ibid. Their Answer to that Letter p. 172. The Scots Complaints p. 173. They come into England ibid. The K. declares them Traitors ibid. They beat the Kings Forces at Newburn ibid. And pass Tine and take Newcastle p. 174. They write again to Lanerick ibid. And send a Petition to the K. p. 175. The K. answers it p. 176. They send another Letter p. 177. The K. appoints a Treaty p. 178. The Marq. presses a Pacification ibid. A breach between the Marq. and Montrose p. 179. The Treaty begins at Rippon p. 180. and is carried on at London ibid. The Kings Answer to the Remonstrance of the Two Houses ibid. An. 1641. The King yields to the demands of the Covenanters p. 181 The E. of Strafford writes to the Marq. p. 182 Many complain of the Marq. p. 183 The E. of Rothes dies p. 184. The Parl. proceeds against Incendiaries ibid. Montrose is put in Prison ibid. The K. goes to Scotland ibid. The Members of Parl. there subscribe the Covenant p. 185. The Marq. is vindicated by Act of Parl. from the Calumnies some did cast on him ibid. But the K. grows jealous of him ibid. An account of the Incident p. 186. He again recovers the Kings favour ib. The Rebellion in Ireland p. 187. The Marq. Friendships designed for the Kings Service ibid. The K. returns to London ibid. Some design to impeach the Marq. in England ibid. But that is prevented p. 188. An. 1642. The Scotish Commissioners stickle in England against Episcopacy ibid. The King is offended with them for it p. 189. And requires them to do so no more ibid. He writes about it to Lowdon and Argyle ibid. The Scotish Army is sent to Ireland p. 191. The Marquis's sickness p. 192. The Treaty between Scotland and England ibid. New Calumnies on the Marquis ibid. But he clears himself p. 193. The K. thinks of going to Ireland ibid. The Marq. waits on the King p. 194. And is sent by him to Scotland ibid. Lib. 4. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment IN Scotland they favour the Two Houses p. 195. The Marq. sends the K. an account of it p. 196. An Assembly in Scotland ibid. They declare against Episcopacy ibid. Motions for a meeting of the Conservators of the Peace p. 197. The K. writes about Vniformity in Religion ibid. The Scots keep a Resident at London ibid. Mr. Murray's Letter about the Affairs of Scotland p. 198. Lanerick's Letter about Affairs in England p. 199. The Marq. studies to gain many to the King p. 200. The Kings Letter to the Conservators ibid. They incline to serve the K. p. 201. And to invite the Queen back ibid. But the K. did not approve of it p. 202. Yet is sensible of the Marq. fidelity ibid. The Earl of Louthian is sent to France ibid. An Extraordinary Letter of the Kings to the Marquis p. 203. The Marquis and Argyle at Enmity p. 204. Great debates in the Council ibid. The King has a great sense of the Marq. Services p. 205. An. 1643. Many Petitions come in to favour the Two Houses p. 206. The Cross Petition ibid. It is condemned by the Ministers p. 209. Commissioners are sent to Treat between the King and the Two Houses ibid. The King rejects their Mediation p. 210. And answers the desires of the Ministers ibid. A Petition against the Annuities p. 211. signed by many ibid. Montrose proposes to the Queen to begin a War in Scotland p. 212. The Marq. opposes it ibid. The Kings Answer about the Mediation of the Scotish Commissioners p. 213. They are called home p. 215. The Marq. writes
to the Queen about it ibid. They take leave and come home p. 216. The King sends his Friends to Scotland p. 217. The Queen writes to the Marq. ibid. They agree in Scotland to summon a Convention of Estates p. 218. And write to the King about it ibid. The Kings Instructions to the Marq. and others p. 219. The Kings Declaration about the War in England p. 221. The Marq. is made a Duke p. 224. Some of the Kings Party accused as Incendiaries ibid. Lanerick gives the King an account of Affairs p. 225. The Kings Friends consult what to do p. 226. And send a Message to the King ibid. The Duke writes of the great danger he saw things in to Mr. Jermin p. 227. And to the Queen p. 228. The Queens Answer p. 229. He writes again to Her ibid. The Kings Letter forbidding the Convention p. 230. He writes to Lanerick ibid. Another Letter by the Earl of Lindsay p. 231. The King's Letter to the Convention p. 232. Means used for the Kings Service p. 233. The Convention sits ibid. After much debate they vote themselves a free Convention ibid. The Duke leaves them p. 234. Great Iealousies and Divisions among the Kings Party ibid. The General Assembly sits p. 235. Commissioners come from England ibid. The Arguments that prevailed to make a League with them ibid. The Solemn League and Covenant p. 237. The Censures that passed upon it p. 239. The King and Queen write kindly to the Duke ibid. The Kings Letter to his good Subjects in Scotland p. 241. The Kings Friends send Propositions to the King p. 242. The heads of the Treaty between Scotland and England ibid. The Kings Letter to the Conservatours p. 243. His Letter to the Council p. 244. His Letter to Lanerick p. 245. His Letter about a Proclamation p. 246. His Letter to Lanerick about that ibid. He writes with great confidence to the Duke p. 247. The Kings Affairs in Scotland decline ibid. A Message sent up by Traquair p. 248. All are commanded to take the Covenant p. 249. The Duke's endeavours for the Kings Service ibid. A meeting of the Kings Friends p. 250. They part without doing any thing ibid. The Committee sends out severe Orders against such as took not the Covenant ib. The Duke ill-represented at Court ibid. He goes to Court p. 251. and is made Prisoner ibid. He sees the Charge given against him and Answers it p. 252. Charge against the Duke Article first p. 253. A General Answer ibid. Answer to the first Article p. 254. The second Article ibid. The Answer to it p. 255. The third Article ibid. The Answer to it p. 256. The fourth Article p. 257. The Answer to it p. 258. The fifth Article p. 260. The Answer to it ibid. The sixth Article p. 261. The Answer to it ibid. The seventh Article ibid. The Answer to it p. 264. The eighth Article p. 267. The Answer to it p. 268. Laner presses for a present Trial p. 269. But could not obtain it p. 270. He makes his Escape ibid. And draws a Party for the K. in Scotl. ib. The Duke is hardly used ibid. And continues a Prisoner p. 271. He is set at liberty p. 272. Lib. 5. Of the Dukes and his Brother's Imployments after his Enlargement till the Year 1648. THe Kings Affairs grow desperate p. 273. The Duke resolves to retire ibid. The K. goes to the Scotish Army p. 274. Commissioners are sent to him from Scotland ibid. They press him to settle matters ibid. The K. complains of ill usage ibid. The Army petition him about the Covenant p. 275. The King proposes a Treaty ibid. An Account of Montrose's Affairs ibid. The King recalls his Commission p. 277. The K. is much pressed to take the Covenant ibid. The King scruples ibid. His Conference with Mr. Henderson ib. Debates about the Propositions to the King p. 278. The Papers given in by the Scotish Commissioners about them ibid. The Propositions are agreed to p. 279. The heads of them ibid. The Duke is well received by the K. ibid. The K. employs him to preserve Montrose p. 280. He does it ibid. The King is much pressed to grant the Propositions p. 281. But resolves to adhere to his Conscience ibid. His first thoughts of the Propositions ibid. His denying them much resented p. 283. The Scotish Commissioners serve him ibid. The K. sends Argyle to London ibid. The Dukes endeavours in Scotl. p. 284. He is much opposed by the Ministers ib. The Duke and others sent to deal with the King for his granting the Propositions p. 285. The Kings Answer to them ibid. Another Paper of the Kings to the same purpose p. 286. The Duke resolves to go beyond Sea p. 288. The Independents cajole the King ibid. But Lauderdale disabuses him ibid. The Duke obtains the Kings leave to retire p. 289. The Kings Letter recalls that ibid. The Queen writes to him p. 291. The Dukes Letter to the King ibid. The Kings Letter to Lanerick p. 292. And to the Duke p. 293. The Scot. Commis serve the King at London ibid. Conferences between the Two Houses and them p. 294. A Parliament in Scotland ibid. Huntley is in Arms p. 295. The King writes about it ibid. And about Traquair p. 296. The Consultations in Scotland ibid. Two Letters of the Kings p. 297. The Kings Letter about the Propositions p. 298. His Answer to them p. 299. Lanerick's Letter to the King about it p. 302. The Kings Answer to him p. 303. Two other Letters of the Kings p. 305. An Account of the Resolutions in Scotland p. 306. Which the Duke and Lanerick oppose but in vain p. 307. Lanerick writes to the King p. 308. Resolutions taken about the Kings Person p. 309. The Scotish Commissioners leave London ibid. An. 1647. Commissioners sent to the King from Scotland p. 310. Who deliver to him the Votes of Parl. ibid. In Scotland they resolve to deliver up the King p. 311. The Duke and Lanerick oppose it much ibid. But in vain ibid. It is variously censured p. 312. The Kings Letter to the Duke p. 313. The Duke and Laner begin a new design for the King ibid. New Disorders in England p. 314. The Earl of Lauderdale is sent to London ibid. The Army revolts ibid. And take the K. from Holmby ibid. They use him civilly p. 315. The K. writes to Lanerick ibid. Lanerick's Answer ibid. Two Letters of the Kings to Lanerick p. 316. Lanerick's Answer p. 317. Another Letter of the Kings p. 318. The Army forces the Parliament ibid. Lauderdale is ill used by them p. 310. This is resented in Scotland ibid. But many are intractable ibid. Instructions sent by Mr. Lesley p. 320. The Kings Answer p. 321. The King is abused by the Army ibid. Lanerick's Letter about the delay of his coming to wait on the King ibid. The Kings Answer to it p. 322. The Scotish Commissioners come to the King p. 323. They intend to rescue him p. 324.
The King consults with them ibid. He goes to the Isle of Wight ibid. And writes to Lanerick p. 325. The Scotish Commissioners write to him p. 326. The Kings Answer to Lanerick ibid. The four Bills are passed p. 327. The Scotish Commissioners protest against them ibid. And write to the King about them ibid. The King is well-pleased with their Papers p. 328. They write again to him ibid. Another Letter to the King p. 329. The Kings Answer to them ibid. Designs against the Kings Person p. 330. Traquair is well with the King p. 331. The Scotish Commissioners advise the King p. 332. The King sends for them ibid. The Kings care of Huntley p. 333. The Queen writes to Lanerick p. 334. The Scotish Commissioners agree with the King ibid. The King is made Prisoner ibid. Lib. 6. Of the Duke's Engagement for the Kings Preservation and what followed to his Death THe Duke's endeavours in Scotland p. 335. Three Parties in Scotland p. 336. The Commissioners return ibid. The Church-men are jealous of them p. 337. The King writes to them ibid. Their Answer ibid. Lowdon forsakes them p. 338. The Duke is designed General ibid. The Parliament sits ibid. Commissioners from England ibid. The Remonstrance of the Ministers p. 339. The King writes to the Lords p. 340. Their Answers to him ibid. and p. 342. Satisfaction offered to the Ministers ib. Lanerick's Letters about their Affairs ibid. And about their Demands to the Two Houses ibid. And about the Declaration p. 343. And putting the Kingdom into a posture of War ibid. And the modelling their Army p. 344. The Prince resolves to come to Scotland ibid. The King designs an Escape ibid. Great disorders in England p. 345. Letters to the Queen and Prince p. 346. And to the King about the Officers of the Army ibid. The Ministers oppose the Engagement p. 348. The Parl. Letter to the Presbyteries ib. The Parl. sends for the Scotish Army in Ireland p. 349. The Confusions in England p. 350. A Fast at Westminster ibid. The Parl. of Scotl. adjourned p. 351. Some are against a present March ibid. A Letter of the Prince's ibid. Others press a speedy March p. 352. And it is resolved on p. 353. An Insurrection at Mauchlin ibid. Some Troops are sent to the Borders p. 354. The whole Army enters England ibid. The Chief Officers of it ibid. Calander's Character ibid. The Condition of the Army p. 355. An Account of their March ibid. Lambert retires ibid. A Letter from Langdale ibid. The Army marches into Lancashire p. 357. The Scotish Army comes out of Ireland ibid. The Cavalry leave the Foot p. 358. Preston-Fight ibid. Middleton's Gallantry p. 361. At Warrington-Bridge the Foot Capitulate ibid. The Horse come to Utoxater p. 362. A Munity ibid. They treat with Lambert p. 363. The Articles are signed p. 364. L. Gray of Groby comes up ib. The Duke is made Prisoner p. 365. And examined but discovers nothing ibid. The Engagement variously censured ib. Lauderdale was sent to bring the Prince to Scotland p. 366. The Prince intended to go ibid. But the loss of the Army stopt him p. 367. An Insurrection in Scotland ibid. Many in the Committee of Estates incline to submit to them ibid. But Lanerick opposed that long p. 368. An Account of the Irish Army ibid. They are called back to Scotland p. 369. And joyn with the Committee of Estates p. 370. And defeat Argyle at Sterlin p. 371. A Treaty is carried on ibid. Cromwel is invited to Scotland p. 372. Different opinions about the Treaty ib. Articles offered for a Treaty p. 373. The Answer sent to these Offers p. 374. The Treaty is concluded p. 375. But not at all kept ibid. Instructions sent to the Two Houses ibid. Lanerick goes out of Scotl. p. 377. His Letter to the Chancellour ibid. The Duke is brought to Windsor p. 379. Oft examined but in vain ibid. The King is murthered ibid. Majesty in Misery in a Copy of Verses written by the King p. 381. The Duke escapes out of Windsor p. 384. But is taken in Southwark ibid. And kept in St. James's ibid. Argyle refused to interceed for him p. 385. He is brought to his Trial ibid. The Inditement against him ibid. The Duke's Plea ibid. The second Appearance p. 386. The third Appearance ibid. The fourth Appearance ibid. The fifth Appearance Witnesses examined p. 387. The Duke pleaded the Articles given him p. 388. The sixth Appearance more Witnesses p. 389. The seventh Appearance more Evidence led ibid. The eighth Appearance the Duke pleads for himself at great length p. 390. The ninth Appearance his Counsel plead p. 392. The tenth Appearance the Counsel for the People plead against him p. 394. The eleventh Appearance Bradshaw's Speech p. 396. Sentence is given against him ibid. The Duke prepares for Death ibid. And writes to his Brother p. 397. And to his Children ibid. His Speech before his Death p. 398. He is led out to his Execution p. 400. And writes a note to his Brother ibid. New Offers of Life made upon base Conditions and rejected by him p. 401. D. Sibbald encourages him on the Scaffold ibid. The Duke's last Speech p. 402. And Prayer p. 404. His Death ibid. And Burial p. 405. His Character p. 406. His Birth and Parents ibid. His Person ibid. His Education ibid. His Marriage ibid. His Lady's Vertues p. 407. and Death ibid. His Religion ibid. His Abilities p. 409. His Loyalty ibid. His love to his Country p. 411. His Temperance ibid. His Ingenuity p. 412. His Good Nature p. 413. His Death much lamented p. 414. A Letter of the Queens p. 415. Another of the Kings ibid. Lib. 7. A Continuation of Affairs till Worcester-Fight THe Character of William Duke of Hamilton p. 417. His first Appearance at Court p. 418. He is made Secretary of State and Earl of Lanerick ibid. The Friendship between his Brother and him ibid. His Diligence in his Imployment p. 419. His Abilities ibid. His Religion ibid. His troubles prove happy to him p. 420. His care of his Brothers Daughters ibid. His Duty to the King p. 421. He was ill used by his Enemies p. 422. He advises the King to settle with Scotland ibid. The Treaty at Breda ibid. The Duke returns with the King p. 423. But is put from the King ibid. And lives in the Isle of Arran ibid. Cromwel enters Scotland p. 424. Dunbar-Fight ibid. The King is better used in Scotland ibid. The Church-party divided ibid. The Duke comes to the King p. 425. The King marches into England ibid. The Duke's Letter about their March p. 426. Lambert is beat from Warrington-Bridge p. 427. The K. comes to Worcester ibid. Cromwel follows â—im ibid. The King is in great straits p. 428. The Duke apprehends his own Death ibid. And prepares for it ibid. His Meditations before the Fight ibid. And Prayer p. 429. Worcester-Fight p. 430. The Duke's Regiment câ—arged gallantly ibid. The Duke 's great Valour ibid. He is wounded and taken p. 431. His wounds prove mortal ibid. His Letter to his Lady ibid. His Death p. 432. And Burial ibid. His last Will p. 433. A Leâ—ter with it to his Lady p. 434. The Conclusion p. 436. A Rational Method for proving the Truth of the Christian Religion as it is professed in the Church of England in Octavo The Royal Martyr and the Dutiful Subject in two Sermons Quarto both Written by Gilbert Burnet Author of Duke Hamilton 's Memoires and Printed for R. Royston Several Chirurgical Treatises by Rich. Wiseman Sergeant-Chirurgion to His Majesty Fol. New THE END
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
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
Procedure of the Parliament in this matter shall be set down from some of the Earl of Lanerick's Letters which the Writer chooses rather to insert than any Discourse of his own The first was written to a Friend at London but to whom it appears not I Had given you an account of the Condition of Affairs here long ere now Some of Lanerick's Letters had I known how to have addressed my Letters and however this be an uncertain way yet because possibly it may come to your hands first I shall acknowledge the receipt of yours the of the last Moneth which I have in part obeyed and to that end have written to Ireland to those I have interest in and I am confident that our Army there will follow our Advice in order to the Kings Service but our Difficulties here are greater than you can imagine for the same disloyal spirit that hath governed these years past is yet so powerful as to obstruct though I hope they shall not be able to destroy our Designs of serving the King and the same Instruments the Devil hath hitherto made use of are still the rigid Opposers of all dutiful Motions Many amongst us pretend to Loyalty but have such faint Hearts and love their Fortunes so well that they dare not act where there is danger others have both Courage and Affection but their Ambition will not allow them to act if they be not absolute and they have no power of themselves without a Conjunction with some of greater Eminence than themselves Thus while we are tearing our selves in pieces through Factions and Self-interests perit Saguntum our King is forgot and may God forget them that do so But though the Chancellour hath made a foul Defection and these that pretend Affection to the King are not so united as they ought to be yet I despair not but that with Gods assistance in despight of all opposition we will force an Engagement or perish I cannot descend to the Particulars only this I will assure you that all you have interest in are intirely right and resolute Adieu The next of Lanerick's Letters that are in the Writers hands was to His Majesty dated the 13th of April 1648. OVr last was of the fourth of this Moneth to be conveyed to you by Doctor Frazer In it did we shew you in general what extraordinary Opposition we met with here in our Desires to serve You but some of them we are now got over for to morrow it will be resolved that the Kingdom shall be presently put in a Posture and the whole Forces or such parts of them as shall be appointed are to be ordered to be ready to march when they shall be required and while this is doing we have voted the sending of three Demands to the Parliament of England having found all the Articles of the Covenant and divers of the Treaties highly violated The first is concerning Religion wherein we are very high and full knowing it will be refused and we thereby obliged to resent it besides our Design is rather to fix the Denial thereof on them than on Your Majesty The second is that Your Majesty may come to some of Your Houses in or near London with Honour Freedom and Safety where the Parliaments of both Kingdoms may make their Applications to Your Majesty for obtaining a well-grounded Peace The third is that the present Army under the Lord Fairfax be disbanded to the end that all the faithful Members of both Houses may with Safety return to attend their Charges the Parliament may Sit and Vote in Freedom both Kingdomes without their interposition may make their Addresses to Your Majesty and the Settlement of Religion and a common Peace be no longer hindred nor obstructed These Demands are to be sent by a Messenger who is to have a few days limited him for his Return We are forced to move by these steps which certainly will either speedily procure Your Majesties Freedom or an Engagement Our Opposition from the Ministers doth still continue but many formerly of their Party are ashamed of their unwillingness to all Duties and particularly Balmerino who is Lauderdale's Convert By the power of Perswasion our Army in Ireland hath offered their Service to us which may be of excellent use many ways Thus Sir you have the true Condition of Affairs but as we proceed which I confess is in a most horrid dull pace I shall still presume to give You an account of it as a part of our Duty Great Endeavours are used by some that we may again send our Desires concerning Religion to Your Majesty for their zeal will not allow them to hazard their Lives for Your Person who will as they say no sooner be at Liberty than you will destroy all that they have been doing with the hazard and expence of so much Blood and Treasure for Religion But this is as yet waved and forced Concessions such as certainly those must be while Your Majesty is in Prison are alledged can bring but small Security to Religion The next of the 18th of April was to a Friend at London I Had resolved upon eternal Silence since I could not but be wrapped in the guilt of others for their disloyal Delays nor should the receipt of yours of the 10th Instant have invited me to have broke that Resolution had not this days Proceedings in Parliament revived my languishing Hopes I shall not mention any thing of my last Dispatch upon Friday by Fisher but this day we have past in Parliament the great Act of putting this Kingdom into a posture of Defence under pretence whereof we mean to raise our Army the Colonels and Committees of War in several Counties are to be named on Friday next Besides this we have presented to the Parliament a large Declaration to be emitted to the Kingdom containing the Breaches of Covenant and Treaties the Demands which upon them we mean to make to the Houses and our Resolutions in case of a Refusal I confess it is clogged with many Impertinencies to which we are necessitated for satisfying nice Consciences yet it drives at a right end Argyle and the Minsters are still uncapable of Satisfaction and with horrid violence oppose all Loyal Motions and though the Chancellour hath intirely deserted us and not only joyned with them but endeavours by all means imaginable to divide us among our selves yet we are both fixed to our Principles and Friendships so that in despight both of Apostacy and Knavery we carry on the Work I confess it is neither in so quick nor so prudent a way as is fit and that we have already lost our greatest advantages yet we can never move so late but that we will make our selves considerable We hear there are strong endeavours to separate His Majesty from our Interests I confess we deserve no better from him yet possibly he may find it not unfit to own us even though we do not him as we ought This I swear I
general Stories If all his Friends were not at all times so fixed to their Duty as they ought to have been that left no Blame upon him for no man can be lyable for his Friends nor charged with the faults of other men but when any of them strayed from their Duty his Friendship made him not the less but the more severe to them and many of them being yet alive have witnessed with what honest zeal he always studied to engage them to a Cordial adherence to the Kings Service But to sum up all those who after they see how in his last Speech delivered at his Death he begs Pardon and Mercy from God as he hath been a faithful Servant to his Master and do still retain their Jealousies are beyond the cure of any Perswasion for none but a desperate Atheist could have adventured so far with a defiled Conscience Neither can it be alledged here that all in those times pretended to be for the King for perhaps many thought the methods they took vvere the best for securing and settling his Throne But had the Duke been faulty as the World accused him it must not have been a Mistake in his thoughts but a Crookedness of his Heart a betraying of his Trust and a falsifying of his Engagements and who can suppose that the Parties who were prevalent both in England and Scotland at the time of his Death and pursued him and his Memory with all the excesses of Malice would not have discovered such Treachery to load him with the greater Infamy if there had been any grounds for it since they were the persons who musâ— have known it best As for that ridiculous and Devilish Forgery of his pretending to the Crown of Scotland never any were alledged to have heard a hint of it from himself no not in raillery and câ—â—tainly if so great a Design had ever been discovered to any person it must have been to his Friends and he must have taken pains to have made some Party sure for it but for this nothing was ever whispered but Surmises and those hanging so ill together that they retained not so much as the shadow of Probability For his Country His love to his Country as he had as great Interest in it as any Subject so his Affection yielded to none And it is certain that if his Counsels to the King seem at any time to fall short of the higher ways of Authority nothing but his Affection for his Country gave him the byass for he confessed the thing in the World at which he had the greatest horror was the engaging in a Civil War with his Country-men He was far from any Designs of engrossing either Power or Places of advantage to himself or his Friends nor was he ever the occasion of any Burden to the Country for the Assignments he had on some Taxations were only for payment of the Debts he had contracted by his Majesties Command for his Expedition to Germany And so little fond was he of being the Kings Commissioner in Scotland that in divers of his Letters he proposed others to his Majesty for that Trust protesting it was a Place which of all other he hated most and when he saw Jealousies taken at his being so long in that Trust as if the King had been to govern Scotland by a Commissioner he pressed his Majesty to change him so careful was he to avoid every thing which might be a Grievance to his Country and retard the Kings Service He was the great Patron of all Scotishmen in the Court which drew on several occasions a large share of Malice upon him as appear'd particularly in the Case of one Colonel Lesley whom Colonel Sanderson's Friends were pursuing in the Court alledging that Lesley had killed that Colonel unworthily in Muscovia The Crime was not committed in the Kings Dominions and Lesley was Legally acquitted from it in Russia who upon a National account being a Scotishman laid claim to the Dukes Protection but this irritated Colonel Sanderson's Brother who pretends to have written the History of King Charles the First into so much Rage against him that forgetting the Laws of History he breaks out on all occasions into the most passionate Railings that his spiteful but blunt and impotent Malice could devise And the best of all is he bewrays his Ignorance as well as his Passion in all the Account he gives of the Scotish Affairs so that it is hard to say whether his Folly in attempting to write a History on such slender Informations or his Impudence in forging or venting Lies with such Confidence deserves the severer Censure And since I mention this Lesley I shall only add that though Sanderson tells a formal Story of the signal Judgments of God on him in his Death he was alive many years after that Book was published which can be well proved by many who knew him His Temperance The Duke was very sumptuous and magnificent in his way of Living but abhorred that debauched custom of Entertainments by Drinking and was an example of Temperance which cost him dear in Denmark where he refusing the ordinary Entertainments of that Court in drinking was not only ill used but made pay a great Sum under the pretence of Passage-dues Temperance was particularly recommended to him by his Majesty when he went to Germany and his returning from that Court without once transgressing these Laws was such an evidence of his observing them that afterwards few would tempt him to those Excesses His Ingenuity Of all Vertues he esteemed Ingenuity and Candor most as that which was the Ground of all Confidence and the only Security among men and therefore recommended it chiefly to others and studied to observe it most himself I confess when I consider his whole method of framing and carrying on his Designs how streight and candid they were if I oft admire his Invention I do much more esteem the Ingenuity of his proceedings for I never find him vailing Truth with a Lye nor carrying on business with a Cheat and to speak freely the greatest departing from these Rules appeared in the Declaration emitted in April 1648 where among other things the Parliament declared they would not admit His Majesty to the exercise of His Royal Authority till He by Oath obliged Himself to swear and ratifie the Covenant The Duke stuck long ere he would give way to this at length finding the violent Party that crossed the Engagement implacable and being desirous to withdraw from them all colours or pretences for opposing that Design he yielded to it and at that time said to a Friend of his that the Preservation of the King went so near his Heart that he could refuse nothing which might make way for that But it was far from his thoughts to seclude the King from the exercise of his Royal Power and therefore it was excused at the same time both by the Letters his Brother wrote to the King and in the
Instructions sent by Sir William Fleeming to the Queen and Prince and by Sir William Bellenden to the Prince of Orange I have also a Journal which he took with his own hand of what passed in that Parliament wherein he wrote when that Act was put to the Vote that though he gave his Vote to it it was not his own Opinion And thus I lay open both his Fault and the Temptation that led him to it so that if ever any Officious Lye was of a venial Guilt sure this was yet who knows if among the holy and wise Counsels for which God might have permitted that Armies Miscarriage as a Punishment for our other Sins we not being ripe for a Deliverance this departing from the severe Rules of Ingenuity and Vertue might not have been one procuring cause but this is the only Instance of this Nature I have met with in the whole Survey of his Actions and Papers As for the mildness and gentleness of his Nature His Temper no day went over him without giving new discoveries of it For it was very hard to provoke him but no less easy to appease him he was not unequal in his Humour but as one left him they found him being always cheerful and ever the same And whatever Aspirings might have been in his mind his Carriage was the freest of Haughtiness that could be both to Equals and Inferiours he was both easy to address to and affable in his Converse and laboured to oblige all people And in his Command he was far from the common Practice of many who are very careful to raise all the Money they can and to oppress the Countries where they march or quarter It is true the Earl of Calander did draw as much Money as was possible from the Places they passed through with their Army but the Duke would meddle with none of it and when Calander offered 450 Pound to his Stewart he would not touch it till he spoke with his Master who charged him strictly not to meddle with it and acknowledged he had done like a faithful Servant in not taking it It was so impossible for him to resent Injuries that when some of his Vassals had offended him so that he was resolved to make them sensible of it when-ever it lay in his way it no sooner came to be so but their first Address broke through all his Displeasure and never did the settled Composure of his mind appear more than at Vtoxater when in the midst of all that Disorder he preserved his usual Temper The Generosity of his mind made him so tender towards all in trouble even though deserved that he was scarce capable of punishing any even for their Faults A pretty Instance of this was that a Woman having stolen some of his Plate and being quickly found with it he was asked what should be done with her to which he answered it seemed she wanted Money wherefore he ordered to give her a Piece and send her away And when in the year 1648 a zealous Woman threw a Stone at him as he passed through the Streets all he said was he wondred what the Woman ailed for he was never an enemy to the Sex nor would he suffer any severe Sentence to be executed on her but when her Hand was ordered to be cut off he procured her Pardon and said The Stone had missed him therefore he was to take care that their Sentence might miss her To conclude I shall not offer to tell how much his Death was lamented by all who knew him for then I should never get off I shall therefore only set down two Letters the one of Condolance from the Queen Mother another from his Majesty who now Reigns to the Earl of Lanerick then by his Brothers death Duke of Hamilton which expresseth the value his Majesty had of the Engagement Cousin INtending every day for a great while to have dispatched Rainsford I have not hitherto done that which my sense of the Loss of my late Cousin-the Duke of Hamilton should have drawn from me long ago which was to express the concern I had for his Death and though my own inexpressible Loss hath made me incapable of feeling any thing else that can befal me in this World yet it hath not made me insensible of your Brothers Death both on his own account and on yours For Consolation it is not easy for me to offer you any being incapable of taking it to my self We must turn us to God and receive it of him for this World cannot afford it yet if to bear a share in your Affliction may in any way lessen some part of your Grief I am assured you shall find an allay to it and I desire you may believe that no person wishes you more Happiness than my self who shall study on all occasions to make it appear that I am with all sincerity Cousin Your very good and affectionate Cousin HENRIETA MARIA R. Paris 22th April 1649. My Lord Hamilton I Am very sorry that I could not have your Advice in my late Proceedings with Mr. Winram who is now returned with my Letters the Copies whereof I send you herewith but the Treaty being appointed so near you at Breda I shall desire your Presence at it and shall much depend upon your Advice assuring you that I will take care of your Interests and of all those honest men that engaged with your Brother equally with that which concerns my self I hope the calling them a Committee of Estates with such cautions as I use in the Letter will bring no prejudice to you nor to your Friends And I will be careful to establish your Interest by the Treaty without which I conceive I cannot have much assurance I pray use your best endeavours to your Friends in Scotland to make their Demands moderate and reasonable and then I shall not doubt of a good Issue and such as may enable me to express how much I am Your very affectionate Friend and Cousin CAARLES R. Jersey 24th of Jan. 1649. WILLIAM DUKE of HAMILTON and Castle Herald Marquis of Cliddisdale Earle of Arran and Lanerick Lord of Aven and Innerdale one of his Ma most Hon. ble Privy Councell and Knight of the most Nobleorder of the Garter Borne Anno 1616 and died of his wounds After Worcester Fight An̄o 1652. An̄o AEtat 35. THROVGHE HONI SOIT QVI MAL Y PENSE MEMOIRES OF THE LIFE and ACTIONS OF VVilliam Duke of Hamilton c. LIB VII A Continuation of Affairs till Worcester-Fight Anno 1650. TO this account of IAMES Duke of Hamilton's Actions it may be expected I should add the remaining Memoires of his Brothers Affairs But the time he survived was so full of Disorder and Confusion that few Papers were preserved and these so imperfect that without fuller Supplements than the Writer hopes for no clear account can begiven of those Times therefore there shall be only added somewhat by way of Character with a general Relation of