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
be expressed that will not be yielded to The settling thereof according to My Declaration will answer this 14. If it be pressed that what is now concluded concerning the High Commission be ratified in the next Parliament what Answer shall be given If I may be sure that a Parliament will doe it I shall be content 15. If they Petition for a Convention what Answer shall be given No Petition must be admitted till the Bond be broken if after you may grant it leaving the time to Me. 16. If they petition for a General Assembly that it may be once in the year what Answer shall be given I will not be tied but as I shall find cause 17. If they petition that the Ministers Oath may be no other than that which the Act of Parliament doth order them to take what Answer shall be given I and the Bishops will consider of it 18. If they petition that the Five Articles of Perth may be held as indifferent what Answer shall be given I will hear of no Petition against an Act of Parliament 19. If the Town of Edinburgh may not be dealt with apart to petition for Your Majesties Favour and if they desire that the Council Exchequer and Session may be returned them what Answer shall be given Upon their full submission and renouncing of the Bond they may have their desires 20. If the like course may not be taken with some other principal Burghs As before 21. If to gain some leading men from the Party marks of Your Majesties Favour may not be hoped for To some I to some No. 22. If particular men desire either Acts of Council or Pardons under the Great Seal what shall be done Grant their desires 23. What Service shall be used in the Chappel Royal The English 24. If the Lords of Council and Session shall at that time be pressed to receive Kneeling This is no time for a Communion but when there is they must kneel 25. If thought fit what shall be be done to them that refuse Advise of it 26. If all Acts of Council that have injoyned the use of the Service-Book Book of Canons are not to be suspended and declared of no force in time coming Yes 27. How far Your Majesty will warrant me to declare Your Pleasure to the Lords of the Clergy concerning their living within their Diocesses I shall do it My Self but you may tell any of it 28. How far I may declare Your willingness to give ear to and receive the private Complaints of Your Subjects in general and in particular against any of the Bishops Refuse none 29. If those Ministers who have been by the Multitude displaced are not again to be established They must 30. If in the Abbey-Church the use of the Organs shall be presently enjoyned Yes 31. If those Ministers formerly silenced may not for a time be connived at and permitted to preach If they preach not Sedition 32. If Your Majesty aim at more for the present than establishing the Peace of the Country No more for the present 33. If more it is humbly desired Your Majesty may be pleased to express it When time shall be fit In execution of all which or what else Your Majesty shall think fit to command it is most humbly desired that I may be so warranted that the labouring to put them in execution may not turn to my Ruine nor hazard the losing of Your Majesties Favour dearer to me than life You shall The whole Instructions were signed the 16th of May which follow taken from the Original CHARLES R. BEfore you publish the Declaration which We have signed you shall require all the Council to sign it and if you find that it may conduce to Our Service you shall make all the Council swear to give their best assistance in the execution of the same but this of putting them to their Oaths We leave to your discretion to doe as you shall find occasion but if you shall find it fit to put them to their Oaths those that refuse must be dismissed the Council till Our further Pleasure be known We give you power to cause the Council to sit in what soever place you shall find most convenient for Our Service Edinburgh onely excepted and to change the Meeting thereof as often as occasion shall require You may labour to prepare any of the refractory persons to conceive aright of Our Declaration before it be published so that it be privately and underhand You are to get an Act of Council to pass to declare that this Declaration of Ours ought to free all honest Subjects from the fears of Innovations of Religion or Laws but this you are not to propose publickly except you be sure to carry it If any Protestation be made against Our Declaration the Protesters must be reputed Rebels and you are to labour to apprehend the chiefest of them If Petitions be presented to demand further satisfaction than that We have already given by Our Declaration you are to receive them and to give them a bold Negative both in respect of the Matter and the Form as being presented from a Body which you are no ways to acknowledge If it should be objected against the High Commission that it ought not to be introduced but by Act of Parliament your Answer must be that We found it left Vs by Our Father and therefore We mean to continue it having first regulated it in such a way that it shall be no just Grievance to Our Subjects or against Our Laws and when there is a Parliament We shall be content that iâ— be ratified as We shall now rectifie it If after the limited time in Our Declaration a Body remain at Edinburgh or elsewhere you must raise what Force you can to diâ—sipate and bring them under Our Obedience As soon as the Peace of the Country will permit you are to call a General Assembly for settling of a constant and decent way for Gods Worship We having resolved to call them or to permit them to be as often as occasion shall require We likewise intending to have a Parliament to ratifie what shall be condescended on at the Assembly You may say the Bishops shall impose no other Oath upon Ministers at their Admission but what is warranted by Act of Parliament You are to give direction that the same Service be used in Our Chapel Royal that was before the enjoyning of the Service-book You must admit of no Petition against the 5 Articles of Perth but for the present you are not to press the exact execution of them Whenever the Town of Edinburgh shall depart from the Covenant and petition for Our Favour We will that you bring back the Council and Session to it You shall deny no Pardons nor Acts of Council to any particular persons that shall desire the same for their security Some marks of Favour We may be moved to give to particular persons that may deserve the same All Acts of Council that enjoyn
of that Our Ancient Kingdom Our Will and Pleasure is that a Free General Assembly be kept at Edinburgh the sixth day of August next ensuing where We intend God willing to be personally present and for the Legal Indiction whereof We have given Orders and Command to Our Council and thereafter a Parliament to bâ— holden at Edinburgh the twentieth day of August next ensuing for ratifying of what shall be concluded in the said Assembly and settling such other things as may conduce to the Peace and Good of Our Native Kingdom and therein an Act of Oblivion to be passed And whereas We are further desired that Our Ships and Forces by Land be recalled and all Persons Goods and Ships be resâ—ored and they made safe from Invasion We are Graciously pleased to declare That upon their disarming and disbanding of their Forces dissolving and discharging all their pretended Tables and Conventicles and restoring unto Vs all Our Castles Forts and Ammunitions of all sorts as likewise Our Royal Honours and to every one of Our good Subjects their Liberties Lands Houses Goods and Means whatsoever taken and detained from them since the late pretended General Assembly We will presently thereafter recall Our Fleet and retire Our Land-Forces and cause Restitution to be made to all persons of their Ships and Goods detained or arrested since the aforesaid time whereby it may appear that Our Intention in taking up of Arms was no ways for invading Our Own Native Kingdom or to innovate the Religion and Laws but mainly for the maintaining and vindicating of Our Royal Authority And since that hereby it doth clearly appear that We neither have nor do intend any Alteration in Religion and Laws but that both shall be maintained by Vs in their full Integrity We expect the performance of that humble and dutiful Obedience which becometh loyal and dutiful Subjects and as in their several Petitions they have often professed And as We have Iust Reason to believe that to Our peaceable and well-affected Subjects this will be satisfactory so We take God and the World to witness that whatsoever Calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shall continue in their Disobedient Courses is not occasioned by Vs but by their own procurement After this the following Articles were signed THe Forces of Scotland to â—e disbanded and dissolved within eight and fourty hours after the Publication of His Majesties Declaration being agreed upon His Majesties Castles Forts Ammunition of all sorts and Royal Honours to be delivered after the Publication so soon as His Majesty can send to receive them His Majesties Ships to depart presently after the delivery of the Castles with the first fair Wind and in the mean time no interruption of Trade or Fishing His Majesty is Graciously pleased to cause to restore all persons Goods and Ships detained and arrested since the first of November last There shall be no Meetings Treatings Consultations or Convocations of His Majesties Lieges but such as are warrantable by Act of Parliament All Fortifications to desist and no further Work therein and they to be remitted to His Majesties Pleasure To restore to every one of His Majesties Subjects their Liberties Lands Houses Goods and Means whatsoever taken and detained from them by whatsoever means since the aforesaid time Next the Commissioners signed the following Note IN obedience to His Majesties Royal Commands we shall upon Thursday next the 20th of this June dismiss our Forces and immediately thereafter deliver His Majesties Castles and shall ever in all things carry our selves like Humble Loyal and Obedient Subjects Signed Rothes Dumfermline Lowden W. Douglas Al. Henderson Arch. Johnstown The Treaty being thus ended The Treaty is variously censured all parted with great expressions of Joy But few wise men expected it should be followed with a lasting Agreement the Covenanters being peremptory not to part with a hoof so that whatever Concessions came not up to all their Desires were not like to prove satisfactory Those who understood not the true state of the English Army wondered that the King should have let this opportunity out of his hands whereby they judged he was able to have broken and subdued Scotland And according to the vulgar Civility of of all Censurers of Kings Actions his bad Counsellours bore the blame whereof the far greatest share fell upon the Marquis But others who saw beyond those superficial Observers acknowledged there was an equal temperature of Wisdom and Goodness in His Majesties Concessions not denying a proportionable share of the praise to his good Counsellours The Covenanters judged they had scaped well who got off so easily for it would have been impossible for them to have maintained the great Bodies they had gathered together any longer except they had marched into England to which they had no mind unless forced by necessity But some made another Observation though of less moment yet not unpleasant upon Mr. Henderson's signing the former Paper That it was strange to see a Church-man who had acted so vigorously against Bishops for their meddling in Civil Affairs made a Commissioner for this Treaty and sign a Paper so purely Civil so strongly does Passion and Interest biass and turn men When the Commissioners came back to the Camp A Paper is given out for the Conditions of the Agreement though not agreed to they gave an account of their Negotiation and besides the Articles of Treaty they produced another Paper which passed among all for the Conditions of the Agreement It was a Note containing some Points which were alledged to have been agreed to at Berwick verbally though not set down in the written Treaty which was made up of some down-right Mistakes and of other things which the King in discourse had indeed said but not positively nor as a Determination on which he had concluded However the Army made a Declaration that their accepting of the Kings Papers wherein the Assembly of Glasgow was called the pretended Assembly did not infer their accounting it so which they could never do Yet all the Forcâ—s withdrew most of them laying down Arms but still keeping in great Bodies together and a Proclamation was sent to the North to Montrose on the one side Aboyne on the other to lay down Arms for all this while there had been a Body of about 2000 that had stood for the King in Aberdeenshire who were commanded by my Lord Bamf against whom my Lord Montrose was sent and these Orders were obeyed by them both and indeed they came in good time to Aboyne otherwise he had been sore put to it On the 22th of Iune the Marquis was ordered to go to the Castle of Edinburgh The Marquis receives and furnishes the Castle of Edinburgh and take possession of it in the Kings Name and relieve the Marquis of Huntley and put Ruthwen now created Lord Estrick in it and also to furnish it with store of Provision and Ammunition out
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
Instructions and of full and ample Power from His Majesty He having fully signified His Pleasure to those whom He did entrust with the executing thereof not thinking it fit to imploy other Servants of greater Eminence by reason of the disorders and iniquities of the Times and as forced by the importance of his other great and weighty Affairs He was necessitated to prorogue the Parliament for some few days so did He most really intend to perform at the time prefixed whatsoever He had promised by the Act of Pacification But neither can the neglect of His Servants if any be nor those other Reasons alledged by the foresaid Noblemen Barons and Burgesses in their Declaration for their Sitting satisfie His Majesty for their proceeding in a Parliamentary way since by the Duty and Allegeance of Subjects they are bound to acknowledge in a most special manner His Transcendent Power in Parliaments and if Subjects there do assume the Power of Making Laws and of Rescinding those already made what Act can be done more derogatory to that Regal Power and Authority we are all sworn to maintain Therefore His Majesty conceives they cannot in reason expect He can interpose His Royal Authority to these or any other Acts whatsoever whereto neither He in His own Royal Person nor by His Commissioner did assist Yet such is His Majesties Clemency that when they shall take such an Humble and Dutiful way as may witness that they are as careful and tender of His Majesties Royal Power as they are desirous of His Approbation then shall it be time for them to expect such a Gracious and Iust Answer as may testifie His Majesties Fatherly Compassion of that His Native Kingdom and his Pious and Princely care of performing whatsoever is necessary for establishing their Religion and Laws So thus having imparted unto you all that was enjoyned me by His Majesty I shall say no more from my self but I am Your Lordships humble Servant LANERICK Whitehall 27th of June 1640. My Lord Lowdon found matters at so great a height that he was able to do little more than give intelligence that he delivered the Letter to the Lords at Edinburgh who returned to it the following Answer My Lord The Reply of the Committee WE received your Lordships Letter of the 27th of June from the Lord Lowdon whose relief out of Prison gives us occasion before we answer your Lordships Letter to acknowledge the same as an act of His Majesties Royal Iustice and Goodness although the pretended cause of his Imprisonment was but a malicious Calumny of the Enemies of the Kings Honour and our Peace forged to engage both His Majesties Kingdoms in a National War As we cannot but regrate that any neglect of His Majesties Officers or absence of His Commissioner whose presence we did both desire and expect should hinder the interposing of His Royal Authority to these Acts of Parliament which were found most necessary for establishing Religion and the Peace of this Kingdom and which according to the Acts of Pacification His Majesty was graciously pleased to promise so we have and shall still endeavour to give demonstration of that tender Respect we have of His Majesties Honour and Royal Power And whereas your Lordships Letter doth imply that we should take some other way for the more easie obtaining His Majesties Approbation which also by several reasons hath been most instantly pressed by the Lord Lowdon yet we conceive that Parliamentary way which was taken by the Estates convened by His Majesties Special Warrant to have been most Legal and necessary and no ways derogatory to His Majesties Power in Parliament nor contrary to the Duty of good Subjects who are warranted by the Articles of Pacification under His Majesties Hand to determine all Civil questions ratifie the Conclusions of the Assembly and remove the present Distractions of this Kingdom as is more abundantly demonstrated by their Declaration in Parliament thereabout So that we dare not take any other Course which may entrench upon their Parliamentary Power or Proceedings nor will we being so few in number appointed by them to stay here presume of our selves in a matter of so great moment to return a more full and particular Answer till there be a more frequent Meeting of those appointed by Parliament which will be shortly and then your Lordship shall be acquainted that you may shew His Majesty their Resolutions and humble Desires and we shall remain Your Lordships affectionate Friends and Servants Signed Lindsay Balmerino Burghly Napier J. Murray G. Dundas Ja. Sword J. Forbes Ed. Eggar Edinburgh 7th of July 1640. They went on with their Preparations The Preparations are great in Scotland and caused all to bring in the tenth Peny of their Rents to make this War look like a Sacred one since carried on by the Tithes and ordered their Forces to be drawn together Mean while the King went on at as good a pace as he could and went from London in the end of Iuly to make his Rendezvous at York The Earl of Strafford staid some time behind partly for Sickness partly to see what Money could be borrowed from London and at this time there were great and high Misunderstandings between him and Sir Henry Vane both making their Complaints to the Marquis by their Letters Strafford was also to bring an Army out of Ireland upon the West of Scotland whereupon they in Scotland drew their Forces together in the end of August and resolved to march into England and make that the Seat of the War pretending as by their Declaration then emitted doth appear that their Trade was block't up by English Ships that in England and Ireland Scotishmen were proceeded against for taking the Covenant and the English Council had voted a War with them wherefore they said they were constrained to go into England with their Petitions declaring they came not to invade England but to avert the Invasion of their Country that was designed adding that they should be so far from doing prejudice to any in England that severe Justice should be executed upon those who took any thing in England without payment And about this time Ruthwen being for many months block't up in the Castle of Edinburgh so that Victuals and Ammunition were spent his Water also failed and most of his Souldiers died was forced to Capitulate and render up the Castle of the Covenanters But not to stand too long on matters universally known as soon as they entred England The Scotish Army enters England the King by Proclamation declared them Traytors on the 22th of August yet they went on and when they came to the Ford of Tine at Newburn some miles above Newcastle they found it guarded by a Body of Foot who had raised a Brest-work near the River and lay there to obstruct their passage Yet no sooner did the Scottish Cannon begin to play but they struck with Fear threw down their Arms and run away whereupon the General
to Scotish business yet I judged it a crime to let any of the Reliques of that Princes Pen perish How it came into the Marquis his hand I know not it is an Answer to a Remonstrance sent to the King by the Two Houses at Westminster in the end of this year I Having taken to my serious Consideration the late Remonstrance made to me by Both Houses of Parliament do make this Answer I take in good part your care for the Preservation of the true Religion established in this Kingdom from which I will never depart as also for your tenderness of my own Safety and security of this State and Government It is against my mind that Popery or Superstition should any way increase within this Kingdom and I will restrain the same by causing the Laws be put in due execution I resolve likewise to provide against the dangers of Iesuites and Priests setting forth a Proclamation with all speed commanding them to depart the Kingdom within one month whereof if they fail or shall return then they shall be proceeded withall according to the Laws Concerning Rosettie you must understand that my Wife hath always assured me that to her knowledge he hath no Commission but only to entertain a persâ—nal Correspondence betwixt Her and the Pope of things requisite for the exercise of Her Religion which is warranted to Her by the Articles of Our Marriage which give Her a full Liberty of Conscience yet I have so perswaded Her that since the misunderstanding of this person's Condition gives offence She will within a convenient time remove him Moreover I will take special care to restrain my Subjects from resorting to Mass at Denmark-house St. Jame 's and the Chappels of Ambassadours Lastly concerning John Goodman the Priest you must know the reason why I reprieved him is that as I am informed neither Queen Elizabeth nor my Father did ever avow that any Priests in their times were executed meerly for Religion which to me seems to be this particular case yet seeing that I am pressed by Both Houses to give way to his Execution because I will avoid the inconvenience of giving so great a discontentment to my People as I perceive this Mercy may produce I remit this particular Cause to Both Houses but I desire you to take into your serious Considerations the inconveniences which as I conceive may upon this occasion fall upon my Subjects and other Protestants abroad especially since it may seem to other States to be a Severity with surprize which I having thus represented to you think my Self discharged from all ill consequences that may ensue upon the Execution of this person Anno 1641. THe Marquis notwithstandiâ—g all the malice he knew some of his Country-men bore him did not slacken his endeavours to bring things to a final Settlement An. 1641. and the high language which was now spoken at Westminster furnished him with too strong Reasons for enforcing the necessity of agreeing with the Covenanters The King yields to all the Demands of the Covenanters At length the King weary of contending so much resolved to yield to most of their Demands For the first of publishing their Acts though it was contrary to the practice of Scotland to hold a Session of Parliament unless the King were present by himself or his Commissioner yet it was represented that was but a point of Form for as they Sate by the Kings Summons so they did not pretend their Votes were Laws without the Kings Ratification and their Sitting in this manner though disorderly could not be so derogatory to the Kings Authority as at first view appeared since it was the constant practice of the Two Houses in England to Sit and Vote in the Kings absence The King was willing all these Acts should be of new voted promising his Royal Assent to them but they were stiff and the King yielded For the Reparation of Losses the King remitted them to the Two Houses who considered their Accompts and gave them a large Brotherly Assistance For the disposal of the Castles the election of the Councellours Officers of State and Judges which the Covenanters desired should be done with Advice of Parliament they went very harshly down with the King But they alledged divers old Laws for their Demands which seemed now necessary to he revived since His Majesty was so seldom in Scotland The Kings great apprehension of this was that it would give a Copy to England for making the like Demands to which it was answered that the Kings residence in England made the case to differ vastly the Scotish Lords engaging upon their Honour to declare in case the Two Houses should make the like Demands they were unreasonable in so doing In a Word the King granted all they demanded only he thought it unjust and unreasonable to grant an Indempnity to the other Party and let his Friends be secluded from it wherefore he pressed nothing so earnestly as that the Oblivion might be without exception and the List of those who were summoned upon the pretence of being Incendiaries was so great that he thought to abandon so many of his Faithful Servants to the violence of the Times was so dishonourable that he could not answer for it neither to God nor man The Covenanters to yield somewhat reduced their great number to five persons who were the Earl of Traquair the Bishop of Ross Sir Robert Spotswood Sir Iohn Hay and Doctor Balcanquell but the King thought he could not yield to that Demand were there but one excepted and told them that though he had better Grounds to pursue some of themselves as Incendiaries yet being willing to dispense with these his Resentments he had reason to expect the same Condescendency from them But they pretended their Bond and Oath for prosecuting of them and though it was told them that an ill Oath was worse kept yet they were stiff and the temper found was that their Processes should go on but their Censure should be remitted to the King and that the Scots should be satisfied with his Assurance that he should imploy them no more in Scotish Affairs without consent of Parliament And thus all things were agreed on and His Majesty determined to go in Person to Scotland to settle matters there but at this time the Scotish Commissioners began to Cabal with the Male-contents in the Two Houses and in particular concurred with them in the pursuit of the Earl of Strafford The Friendship betwixt the Marquis and that Gallant man had been great and intire and as his Testimony in those matters about which he was examined was among the Evidences Strafford had in his Defences so his Confidence in the Marquis did appear by the following handsome Letter he wrote to him a few days before his Death May it please your Lordship HItherto I judged it not fit to endanger your Lordship by any Intelligence betwixt us which might have turned much to your prejudice in a time when
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
the Accompts of his Trustees at that time Upon the Kings Pleasure that was signified by the Archbishop of Canterbury the Marquis emitted a Proclamation for the Sessions sitting down on the second of Iuly at Edinburgh The Session sits again at Edinburgh and thither he went that day to intimate to them His Majesties Goodness for them in noâ— putting them to the trouble and expence of removing their Families elsewhere wherefore he recommended His Majesties Service to them and that if any thing came from the Tables they should not fail to pass that Censure on it which was according to Law Next he called for the Covenanters Petitions which he promised to present to His Majesty and return them an Answer betwixt that and the fifth of August with which they were satisfied for that time On the fourth of Iuly he held a Council and presented the Kings Declaration to the Councellours and having before-hand prepared most of them with a great deal of industry he got it signed by them all an Act passed The Kings Proclamation is published and protested against that the Subjects ought to rest satisfied with it It was immediately sent to the Market-cross and proclaimed but notwithstanding all the Grace it contained it met with a Protestation from the Tables But upon the back of this the Marquis met with one of the most troublesome passages of his whole Negotiation There were some Councellours who were not satisfied with the Declaration and those he got to be absent from Council that day but divers of thosâ— who had signed the Act that the Subjects ought to rest satisfied with the Declaration came afterwards to him telling him that he had pressed them to what they had not well considered when they did it but upon second thoughts they found they had wronged their Consciences wherefore they desired he would call a new Council The Council is inconstant that they might retract what they had done This he studied to divert by all means representing how contrary it would be to their Honour and to the Kings Service and Good of the Country and so he shook them off that night but next day those and many more came to him with the same Desires and say or do what he could nothing would prevail with them for they told him plainly if he called not a Council they would find another way to make their Retractation well enough known and that was to subscribe the Covenant The Marquis having spoken with the whole Council apart found that three parts of four would immediately fall off if he gave them not satisfaction and judging that such a visible breach with the Council would ruine the Kings Affairs therefore since the Act was not registred but onely subscribed he thought the Course that had least danger in it was to tear it before them by this means he got that storm calmed All this while that he had been in Scotland he had not forgot the Kings Orders about his Castles The Marquis takes care of the Kings Castles Dumbriton was secured though it run a risque the Constable being at London and the Under-keeper taking the Covenant but he called home Sir William Stewart who was Constable under the Duke of Lennox to wait on his Charge and this delivered him from that hazard As for Edinburgh-Castle which was then in the Earl of Marre's hand it cost him more trouble Divers of the Earl of Marre's friends who had much credit with him being not well inclined and much being trusted to the Constable he durst not in the Kings Name require him to yield it up lest that had hasted on a Rupture and he could not prevail by fairer ways at first but the issue of this shall be told in its due place This being done the Marquis took his Journey He takes Journey and on the way he had the following Letter from His Majesty Hamilton I Hope that this will find you on the way hitherward wherefore remitting all business till I speak with you these Lines are only to hearten you in your Iourney for I think that it will be very much for my Service So desiring you to make as much haste as the weather will permit I rest Your assured constant Friend CHARLES R. Greenwich the 9th July 1638. POSTSCRIPT Forget not to bring with you the Copies of all the Proclamations and Protestations that have been made When he came to Court he gave the King a full account of all had passed in Scotland and of the strength and fury of the Covenanters and gives the King an account of Affairs together with the inconstancy of many of the Council and how His Majesty had been abused in the hopes he was put in of the readiness of his Preparations in England which I gather from some little Notes he took of things and the Copies of his Letters He next told His Majesty that nothing prevailed so much on the Vulgar in Scotland as the cursed insinuations were given of His Majesties staggering in the Protestant Religion wherefore he proposed that His Majesty might cause renew the Confession of Faith which was established at the Reformation and ratified in Parliament An. 1567 and to that His Majesty did readily consent At length His Majesty having considered for some days of the whole Affair and having fully debated every particular with the Marquis and my Lord of Canterbury in end His Goodness and Paternal Affection for his poor Subjects overcame all that Indignation which their Actions had raised in him wherefore he resolved on enlarging his Instructions which he did as follows CHARLES R. YOV shall try by all means to see if the Council will sign the Confession of Faith established by Act of Parliament and gets new and fuller Instructions with the new Bond joyned thereto but you are not publickly to put it to Voting except you be sure to carry it and thereafter that probably they will stand to it If the Council do sign it though the Covenanters refuse you shall proceed to the indicting of a free General Assembly and though you cannot procure the Council to sign it yet you are to proceed to the indicting thereof if you find that no other Course can quiet business at this time You shall labour by all fair means that the sitting of the Assembly be not before the first of November or longer if you can obtain it for the place We are pleased to leave it to your election for the manner of indicting you must be as cautious as you can and strive to draw it as near as may be to the former Assemblies in my Fathers time You must labour that Bishops may have Votes in Assemblies which if you cannot obtain then you are to protest in their Favours in the most formal manner you can think of As for the Moderator in the Assembly you are to labour that he may be a Bishop which though you cannot obtain yet you must give way to
from hence if he do not timely prevent it either by a Royal and considerable Strength or in his Wisdom think of some other way of effecting it and not to trust to the Power of His Party here And this our humble Opinion doth neither proceed from Fear nor Disaffection nor out of any Intention to desert Him or His Cause wherein we will spend the last drops of our Blood but really is our sense of the Condition of His Affairs here which we cannot conceal without betraying the Trust He hath reposed in us and which we will be ready to make appear to His Majesty whensoever He shall think fit to call us to an account at the hazard of losing His Favour and all that is dear to us About the end of October All are required to take the Covenant all the Lords of the Council received Letters from the Committee of Estates requiring them to come to Council against the second of November and sign the League and Covenant from which the Lords whom His Majesty had intrusted excused themselves not being well-satisfied neither about the matter of the Covenant nor the Authority by which it was imposed whereupon they were again summoned to appear upon the 14th of that Month to do it under the highest pains in case of Disobedience but they excused themselves the second time likewise All this while the Duke had been doing his utmost to engage his Vassals The Duke's endeavours for serving the King and the Dependers on his Family to a cordial Concurrence in the Kings Service and offered to divers of them if they would vigorously concur in it to dispense with great advantages he had over their Fortunes by his Superiorities But that County where his Interest lay was so prevailed upon by the Ministers that no endeavours could divert them from the Course that the rest of the Country were taking and so little could he prevail with them that all the Authority and Art he and his Brother used could not get the Commissioners to the Convention of Estates well chosen though he bestirred himself in it as much as was possible for beside the Clamours against him there came out at this time a Book under the name of The Mystery of Iniquity which was shrewdly but maliciously penned The design of it was to demonstrate that the King's Intentions ever since his Voyage to Spain had been for introducing Popery but to this old Slander was added a new damnable Calumny that the King had given Commission for the Massacre in Ireland under the Great Seal of Scotland in October 1641. when it was in the Duke's keeping and in the Custody of Mr. Iohn Hamilton who is by that Pamphleteer called the Scribe of the Cross Petition This was sent through all places and both preached and printed up and down Scotland and zealously infused into the Peoples minds amongst whom it gained belief which as it irritated them to more fury against the King so it drew the next share of the Odium upon the Duke whereby he was much disabled from doing the Service which he desired and designed with such a series of sad Trials was God pleased to exercise him almost all the days of his Life The Lords that were for the King met at Kelso Their Appointment at My Lady Roxburgh's Funeral was to be carried secretly as if their numerous Meeting had been only for gathering a great Company to solemnize it with the more Pomp according to the Ceremony used at Burials in Scotland The Duke took with him near two hundred Horse the half of them were Gentlemen and the rest were their Servants But when they came to the Funeral all that could be accounted of were about a thousand Horse but there were such Jealousies among them and they were so undetermined either what to do or who should Command and so little assurance had they of the Adherence of those who were with them that they parted without coming to any Resolution This Attempt gave a Crisis to the Covenanters Proceedings against them and therefore because they came not on the Day prefixed to subscribe the Covenant they were declared Enemies to God the King and the Country and it was resolved that at least they should be made close Prisoners of which the Duke was advertised by the Earl of Lindsay But this was not all the height of the Committees zeal The cruel Orders of the Committee against those who took not the Covenant for on the 17th day of November by another Act all their Goods were appointed to be seized on their Rents gathered up and their Persons to be apprehended wherever they could be found and a Commission was given to Souldiers to go take them warranting them to do it notwithstanding any Resistance was made securing them though they killed those that made Resistance Southesk was first wrought upon by those thunder-claps but the Duke and his Brother seeing all was past recovery in Scotland and there was no standing before this unparalelled Zeal prevented their severe Orders and went to Court so he and his Brother left Scotland in the end of November All this while his Enemies at Court had been with great Industry misrepresenting his Actions in Scotland and for this end made use of the forwardness of some Scotish Lords who were then at Court The Duke ill represented at Court yet the King's Affection to him and Confidence in him continued firm and unshaken till the end of September if not longer as appears by His Majesties Letter of that Date already set down But the miscarriage of Affairs in Scotland together with the Duke's absence raised some jealousies in the King's thoughts nor had the Duke any Friend at Court who had such credit with the King as to be able to justifie him and so Reports went current without contradiction But when Mr. Murray came up and Traquair after him they gave a truer representation of Affairs therefore to take off the weight of their Testimony they were charged with accession to the same Miscarriages and many things of a high nature were fastened upon the Duke And the miscarriage of Affairs in Scotland seemed to give good colours for casting all the blame of it upon the Unfaithfulness or ill-management of those who had his Majesties chief Trust in that Kingdom the usual fate of all Unsuccessful Ministers Many foul Slanders were cast on him and very scandalous and undutiful Discourses were laid to his charge And to crown all it was represented that he had set on foot a Pretension to the Crown of Scotland and designed to put all once into Confusion that so he might fish the better in those troubled waters This was the most bloody and pernicious of all the hellish Slanders his Enemies could invent and nothing could raise Jealousies in a Court like Stories of this nature wherefore they were confidently vented and it was said that after he and his Brother had betrayed the King's Service in Scotland
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
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
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
the Enacting of what they had designed the former Year and their Acts though of great importance yet meeting no opposition were quickly dispatched all which with a Prologue and Epilogue of two high Declarations were sent in the Packet to the Earl of Lanerick with the following Letter written by a Committee of Lords they had left to sit at Edinburgh Right Honourable IT is not unknown to your Lordship with what difficulties this Kingdom hath wrestled this time past A Letter from the Committee of Parliament to Lanerick in asserting their Religion and Liberties against the dealings of bad Instruments with His Majesty to the contrary The Means which they have used have been no other but such as they humbly petitioned and obtained from His Majesty a Free National Assembly and Parliament The Assembly went on in a fair way and was closed with the liking and full consent of His Majesties Commissioner but the Parliament indicted by His Majesty was prorogated till the Reasons of the Demands of the Estates were rendred to His Majesty which having done by their Commissioners they kept the second of June the day appointed by His Majesty for the sitting of the Parliament An. 1639. And after diligent Inquiry hearing nothing from His Majesty nor His Commissioner neither by their own Commissioners or any other sent from His Majesty which might hinder the Parliament to proceed to the settling of their Religion and Liberties after mature Deliberation and long waiting for some signification of His Majesties Pleasure they have all with one consent resolved upon certain Acts which they have judged to be most necessary and conducible for His Majesties Honour and the Peace of the Kingdom so far endangered by Delays and have committed to us the Trust to shew you so much and withall to send a just Copy of the Acts that by your Lordship His Majesties principal Secretary for Scotland they may be presented to His Majesty The Declaration prefix'd to the particular Acts and the Petition in the end contain so full Expressions of the Warrants of the Proceedings of the Estates and of their humbly continued Desires that no word needs to be added by us We do therefore in their Name according to the Trust committed to us desire your Lordship all other ways of Information being stopt with the presenting of these Acts of Parliament to represent unto His Majesty against all Suspicions Suggestions and Tentations to the contrary the constant Love and Loyalty of this Kingdom unto His Majesties Royal Authority and Person as their Native King and kindly Monarch and that they are seeking nothing but the establishing of their Religion and Liberties under His Majesties Government that they may still be a free Kingdom to doe His Majesty all the Honour and Service that becometh humble Subjects that their Extremity is greater through the Hostility and Violence threatned by Arms and already done to them in their Persons and Goods by Castles within and Ships without the Kingdom than they can longer endure and that as His Majesty loveth His Own Honour and the Well of this His Ancient Kingdom speedy course may be taken for their relief and quieâ—ness and that if this their faithful Remonstrance which as the great Council of the Kingdom they found themselves bound to make at this time for their Exoneration be passed over in silence or answered with delays they must prepare and provide for their own Deliverance and Safety We are very hopeful that your Lordship as a good Patriot and according to the Obligement of your Place will not be deficient in that Duty for your Native Country and send us a speedy Answer as we shall in every Duty be careful at all occasions to shew our selves Your Lordships humble Servants Signed Balmerino Burghly Napier Thomas Hop J. Murray J. Hamilton G. Dundas J. Smith Ed. Eggar Tho. Paterson Ja. Sword Edinburgh 17 June 1640. The Covenanters did also sign a Bond among themselves for adhering to these Acts and prosecuting of those who had been the Incendiaries from the beginning of the these Stirs the Marquis and Traquair being the chief of them The King is highly offended But all this gave great Offence at Court the King looking upon it as a bolder Attempt than any yet made which struck at the root of His Authority and overturned the Fundamental Laws of Scotland and therfore he judged himself bound to repair this Affront with the Sword God had put in his Hands An. 1640. At this time the Marquis got the following Memorial sent him from my Lord Lowdon out of the Tower of London written all with Lowdon's Hand and yet extâ—nt Memorandum for the Lord Lowndon TO speak to the Marquis of Hamilton Lowdon moves for his Enlargment that according to that Interest of Bloud and the Confidence which the Lord Lowdon reposeth in him his Lordship may be pleased to intercede seriously with the King that His Majesty may be Graciously pleased to consider of the Petitions and Informations which have been tendered to His Majesty from the Lord Lowdon and for him from Scotland which do abundantly clear his Innocency concerning that French Letter in respect of the time and occasion of writing that Letter the Letter it self being onely for Mediation and Intercession as is clear by the Instructions yet extant to have been sent with that Letter which are the true Commentary of the Letter The Letter it self was never sent nor used but rejected and no other Letter sent It was written long before the Pacification wherein His Majesty was Graciously pleased to pass all preceding Deeds in Oblivion The Lord Lowdon came hither upon His Majesties Own Warrant which is sufficient for his Indempnity and Return till he be exonered of his Imployment He came from the Parliament with Commission from them to shew His Majesty the Reasons of their Demands trusting confidently in His Majesties Iustice and Goodness and with most Loyal Affection and Ardent Desires to have given His Majesty satisfaction and to have returned with no less Fidelity and Forwardness in carrying and pressing His Majesties Royal and Iust Commands during which time he could expect nothing less than that he would be called in question for a prior Deed all which are most manifest by the Petitions and Informations presented to His Sacred Majesty Therefore I most humbly beseech that His Majesty may be Graciously pleased to consider of the former Petitions and true Informations which being pondered in the Balance of His Majesties Righteous Iudgment I am most confident my Innocency will appear clearly to His Majesty and that I will find such a speedy delivery as may give demonstration to the World of His Majesties Iustice and Goodness and as may not onely from the Conscience of my Duty but likewise from the sense of His Royal Benignity encourage me ever to contribute my best Endeavours for furthering of His Majesties Service And if His Majesty be not fully satisfied with my humble