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
as bad if not worse than the Disease The Marquis was so far from denying this that he confessed he could hardly without straining of his own Conscience resolve on the doing of it himself upon divers accounts a chief one being that in disclaiming of Transubstantiation the real presence of the Body and Blood of Christ was rejected which he could not sign without declaring that by real he understood corporal and this he accordingly declared when he signed it But to this he added that it was the Idol of Scotland and he saw no other way to reduce things to any temper unless this Course were taken and followed He presented likewise to the King a Paper of all the Inconveniences which were not only like to follow on the calling of an Assembly but seemed certain which Account was so full that when the Bishop of Ross came up after that being sent by the Bishops to divert the King from calling an Assembly His Majesty said he offered no inconvenience could follow on it but what the Marquis had laid out to the full before him And now the King resolved to try the utmost of yielding for the recovery of His Subjects therefore he again dispatched His Commissioner from Oatlands on the tenth of September with ample Instructions which follow CHARLES R. YOV shall in full and ample manner by Proclamation or otherwise as you shall see cause The Marquis gets new Instructions declare That We do absolutely revoke the Service-Book the Book of Canons and the High Commission You shall likewise discharge the practise of the Five Articles of Perth notwithstanding the Act of Parliament which doth command the same and in the said Proclamation you shall promise in Our Name that if in the first Parliament to be held the three Estates shall think fit to repeal the said Act We shall then give Our Royal Assent to the said Act of Repeal You shall likewise declare that We have enjoyned and authorized the Lords of Our Privy Council to subscribe the Confession of Faith and Bond thereto annexed which was subscribed by Our dear Father and enjoyned by His Authority in the year 1580. and likewise have enjoyned them to take order that all our Subjects subscribe the same You shall likewise declare That Our meaning and pleasure is that none of Our Subjects whether Ecclesiastical or Civil shall be exempted from censures and trial of the Parliament or General Assembly those Courts proceeding against them in due form and order of Law You shall likewise declare That we are Graciously content that the Episcopal Government already established shall be limited with such Instructions as may stand with the Laws of this Church and Kingdom already established You shall offer a Pardon by Proclamation and promise in it a Ratificatification of the same in Parliament to all Our good Subjects who shall rest satisfied with this Our gracious Declaration and hereafter carry themselves as becomes peaceable and dutiful Subjects You shall procure an Act of Council wherein every Councellour shall declare himself fully satisfied with this our Declaration and if you can they shall moreover solemnly swear and protest to adhere to Vs and with their Lives Fortunes and whole Means assist Vs in the punishing and repressing all such as shall be found to be disobedient to Vs or persist in turbulent and unpeaceable Courses and if any of Our Councellours shall refuse so to doe you shall presently remove him from the place of a Councellour You shall likewise require every Lord of the Session to subscribe the Confession of Faith abovementioned and the Bond tâ—ereunto annexed as likewise to make the same Protestation in all things as in the last Instruction is required of a Councellour and if they shall refuse to doe it you shall then certifie to Vs the Names of such Refusers You shall likewise declare that Our Pleasure is That a most solemn Fast be indicted upon a set day throughout the whole Kingdom which shall precede the General Assembly in some competent time The Causes shall be declared to beg Gods blessing on that Assembly to beg of God a peaceable end to the Distractions of this Church and Kingdom with the aversion of Gods heavy judgement from both The form of Indiction we desire to be according to the most laudable Custom of this Church in most extraordinary cases You shall labour as much as in you lieth that both the Electors and Persons elected to be Commissioners as the General Assembly shall be the same that were wont to be in My Fathers time and the same forms to be observed as near as may be but yet if that cannot be obtained it shall be no lett to you from indicting a General Assembly but you shall go on in it by all such means as you shall find to be most advantageous to Me in that Service The time and place of the Assembly Edinburgh only excepted We leave to your Iudgment and Pleasure You shall likewise presently indict a Parliament thâ— time and place We leave likewise to you Whether you shall first publish Our Gracious Offers or first indict the Assembly We leave it to your own Iudgment as you shall see cause If you shall find the most considerable part of the Council not to acquiesce in this Our Gracious Declaration and not to promise hearty and chearful Assistance to Vs as is above-expressed or not a considerable part of other Lords and Gentlemen in case Our Council refuse then you shall neither indict Parliament nor Assembly nor publish any of My Gracious Offers except only the abolishing of the Service-Book Book of Canons and High Commission but leave them to themselves and to such further Order as We shall be forced to take with them only if you foresee a Breach you shall give timely warning thereof to such as have stood well-affected to Our Service that so they may in due time provide for their safety and your self is to return to Vs with expedition You must by all means possible you can think of be infusing into the Ministers what a wrong it will be unto them and what an oppression upon the freedom of their Iudgements if there must be such a number of Laicks to overbear them both in their Elections for the General Assembly and afterwards Likewise you must infuse into the Lay-Lords and Gentlemen with art and industry how manifestly they will suffer if they let the Presbyters get head upon them For the Forms of these We leave to you and such Learned Council as you shall use upon the place always provided that you retain the substance of these Our Instructions You shall enjoyn in Our Name the Lords of Council and all other Our good Subjects to subscribe the Confession of Faith signed by Our dear Father and publish Our charge to all Commissioners and Ministers for that end according to the same signed with Our Royal Hand and further proceed in that particular according as We have directed you and
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
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
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
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
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
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
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
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
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
not well but God forgive them with misconceits of His Intentions concerning the Religion professed in this Church and Kingdom But to rectifie all such Misconceptions of His Subjects His Majesties desire is that before this Assembly proceed to any thing else His Subjects may receive ample and clear satisfaction in these Points wherein His Majesties gracious Intentions have been misdoubted or glanced at by the malevolent Aspects of such as are afraid that His Majesties good Subjects should see His clear mind through any other Glasses or Spectacles than those they have tempered and fitted for them Those sinistrous Aspersions dispersed by surmizes have been especially two first as if there had been in His Majesty if not some Intention yet at least some inclination to give way if not to Alterations yet to some Innovations in the Religion professed in and established by the Laws of this Church and Kingdom I am confident that no man can harbour or retain any such thought in his breast any more when His Majesty hath commanded that Confession of Faith which you call the Negative to be subscribed by all His Subjects whatsoever and hath been Graciously pleased to put the Execution of this His Royal Command in your own hands The next false and indeed foul and devilish Surmize wherewith His good Subjects have been mis-led is that nothing promised in His Majesties last most Gracious Proclamation though most ungraciously received was ever intended to be performed nay not the Assembly it self but that only Time was to be gained till His Majesty by Arms might oppress this His Own Native Kingdom than which Report Hell it self could not have raised a blacker and falser For that part which concerneth the Report of the Intention of not holding the Assembly this Day and Place as was first promised and proclaimed thanks be to God confuteth that Calumny abundantly for the other of making good what His Majesty did promise in His last Gracious Proclamation His Majesty hath commanded me thus to express His Heart to all His good Subjects He hath seriously considered all the Grievances of His Subjects which have been presented to Him by all and several of their Petitions Remonstrances and Supplications exhibited unto Himself His Commissioner and Lords of His Secret Council and hath graciously granted them all and as He hath already granted as far as could be by Proclamation so he doth now desire that His Subjects may be assured of them by Acts of this General Assembly and afterwards by Acts of Parliament respectivé And therefore he not onely desires but commands that all the Particulars he hath promised be first gone in hand with in this Assembly and enacted and then afterwards what His Subjects shall desire being found reasonable may be next thought upon that so it may be known to God and the whole World and particularly to all His good Subjects how careful His Majesty is to discharge himself of all His Gracious Promises made to them hoping that when you shall see how Royally Graciously and Faithfully His Majesty hath dealt with you and all His Subjects you will likewise correspond in loyal and dutiful Obedience in chearful but calm and peaceable Proceeding in all other business to be treated of in this Assembly and because there shall be no mistake I shall now repeat the Particulars that you may see they are the same which were promised by His Majesties first Proclamation To this I shall adde the Paper of His Majesties Concessions taken from the Original wherein His Majesty had interlined and dashed out some things with his own Pen. CHARLES R. THe Kings Majesty being informed The Kings Oâ—fers to the Assembly that many of His good Subjects have apprehended that by the introduction of the Service-book and Book of Canons the in-bringing of Popery and Superstition hath been intended is Graciously pleased to discharge the said Books and to annul all Acts made for establishing thereof and for His good People their further satisfaction is Graciously pleased to declare by me that no other in that kind shall hereafter be introduced but in a fair and legal way of Assembly allowed by Act of Parliament and the Laws of this Kingdom The Kings Majesty as he conceived for the ease and benefit of the Subjects established the High Commission that thereby Iustice might be administred and the Faults and Errours of such persons as are made liable thereto taken order with and punished with the more convenience and less trouble to the People but finding His Gracious Intentions to be herein mistaken hath been pleased likeas he is Graciously content that the same be discharged with all Acts and Deeds made for the establishing thereof and is pleased to declare by me That that Court or Iudicatory nor no other of that nature shall be brought in hereafter but in that way allowed by the Laws of this Kingdom And the Kings Majesty being informed that the urging of the five Articles of Perth's Assembly hath bred Distraction in the Church and State hath been Graciously pleased to take the same into His consideration and for the quiet and peace of Church and State doth not onely dispense with the practice of the said Articles but also discharges and by these hath discharged all and whatsoever Persons from urging the practice thereof upon either Laick or Ecclesiastick person whatsoever and doth hereby free all His Subjects from all Censure and Pain whether Ecclesiastical or Secular for not urging practising or obeying them or any of them notwithstanding any thing contained in the Acts of Parliament or General Assembly to the contrary And because it is pretended that Oaths have been administred to Ministers at their entry contrary and differing from that which is set down in the Acts of Parliament His Majesty is pleased to declare and ordain that no other Oath shall be required of any Minister at his entry than that which is expresly set down in the Acts of Parliament and this He is content be considered of in the Assembly to be represented to the Estates of Parliament and enacted as they shall find expedient And that it may appear how careful His Majesty is that no Corruption or Innovation shall creep into this Church neither any scandal vice or fault of any person whatsoever censurable or punishable by the Assembly go unpunished it is His Majesties Pleasure likeas by these His Majesty does assure all His good People that hereafter General Assemblies shall be kept as oft as the Affairs of this Kirk shall require and to this purpose because it is probable that some things necessary for the present Estate and Good of this Church may be left unperfected at this present Assembly We do by these indict another Assembly to be holden at And that none of Our Subjects may have cause of Grievance against the Procedure of Prelats Our Pleasure is that all and every one of the present Bishops and their Successours shall be answerable and accordingly from time to
your Grace thanks in his Name which I am very glad to doe and I doe it heartily For the Earl of Argyle I can say no more than I have already though now I know him more perfectly than I did Your Resolution was to put him from the Council-Table if he refused the Kings Coâ—enant he hath now deserved it more but whether it be a fit time as yet to proceed so far I dare not determine here This I am sure of if he do now publickly adhere to the Covenant and the Assembly nay be the professed Head of the Covenant as the Dean calls him yet he will have much ado to look right upon that who ever looked asquint upon the Kings business Concerning your coming up to Court I am glad I find His Majesty in that Opinion which I cannot chuse but be of that is to leave it to your self and your own Iudgment upon the place whether it be fitter for you to come or stay for the truth is my Lord in my poor Iudgment the King must needs leave this to your self or discern himself for if he bids you come you will not stay and if he would have you stay you will not come but whether it be fittest to come or stay cannot be prudently judged here therefore my Lord doe that which shall be best approved there for His Majesties Service And as much as I desire to see you I will be bold to adde this that I hope you will not stir to come thence till you have so settled the Country or at least the Kings Party there as that you may be sure they may be safe till further course for Security may be taken for I do not know how much it may dishearten them if your Grace come away from them too soon In tender care of His Majesties both Safety and Honour I have done and do daily call upon him for his Preparations He protests he makes all the haste he can and I believe him but the jealousies of giving the Covenanters umbrage too soon have made Preparations here so late I doe all I can here with trouble and sorrow enough Here is News that three Ships-full more of Arms are come to Leith from Poland whence have they money to buy all this If this be true the King of Poland hath watched a shrewd opportunity to quit the King for the late neglect of his Ambassadour And that which troubles me not a little is that the Kings Party there I doubt is not half so well provided of Arms as the Covenanters are For the Money you mention I wish with all my heart you had received it for at the rising of the Assembly most miserable will be the Condition of them who have faithfully served God and the King I have now again put it to the King and he sees enough but cannot well tell how to â—elp it yet this he said If he could possibly scrape so much together it should be had I pray be pleased to thank the Dean for his great pains though it cost me the sitting up some part of the night to read it His Letter beside that Discourse contains but two things The necessity of a present shew of Force against the rising of the Assembly before men be urged to new Confederacies and Subscriptions to all things determined in this Assembly The other that some care may be had for the poor Ministers who will be put to the greatest sufferings and all for God and the King And to these two I have said as much as I can and shall daily labour with the King to doe all that may be done for them I pray God bless your Lordship but I am infinitely sorry so much Grace and Goodness of the Kings should be no better received To Gods blessed Protection I leave you and all your Endeavours and shall ever shew my self Your Graces most faithful Friend and humble Servant W. CANT Whitehall Decemb. 7. 1638. The Assembly go on at a great rate The Assembly all this while were not idle but went on at a great rate now that there was none to curb them They condemned all the Assemblies had been for forty years before as prelimited and not Free they declared Episcopacy unlawful and contrary to the Laws of their Church the same was the fate of the Service-book Book of Canons High-Commission and the Articles of Perth They appointed the Covenant to be taken by all under pain of Excommunication with their new Gloss against Episcopacy and the Ceremonies and then they proceeded to the Processes of Bishops notwithstanding their Declinator which was sure not to be sustained by them for they being both Judges and Parties would not fail to carry the matter as they desired The Marquis at his coming to Edinburgh on the 17th of December emitted a large Proclamation The Marquis puts forâ—h a Proclamation against them containing the Reasons of his dissolving the Assembly and declared those who continued to sit in that pretended Assembly Traitors He added His Majesties Pious Intentions to preserve the Religion established discharging all his Subjects to acknowledge or obey the Acts of that pretended Assembly with an assured promise of Protection to all such as continued in their Obedience to His Majesties Service This he sent every where to be proclaimed through Scotland and wrote to all he heard of that were affectionate to His Majesties Service encouraging them to continue in their Duty assuring them of the Kings Favour and Goodness But now were all Peoples minds set on flame every one expecting what should be the issue of this disorderly Affair He begun again to talk with the Covenanters according to the Kings Order for a continuance of Treating but they received it with so much neglect that he was scarce able to bear it and sinding they did encourage themselves with the Kings Clemency he resolved to prostitute the Offers of it no more He found the Castle of Edinburgh in some better posture at his return thither than he had left it when he went to the West forty good men were stolen into it with some Musquets and Cases of Pistols and abundance of Ammunition and Provision for five weeks This was carried with great cunning for the Castle had been watched all the while but when the Covenanters understood what was carâ—ied in they were enraged and beset the Castle so closely with their Guards that it was as good as besieged The Assembly of Glasgow after they had deposed all the Bishops The Assembly end their business and write to the King and excommunicated eight of them wherein it was easie to proceed against Absents at length they closed with a Letter to the King to be found in the Printed Acts of that Assembly and in it they justified their Procedure complained of the Usage they met with from His Commissioner and prayed His Majesty to look upon them as good and dutiful Subjects and be satisfied with what they had done The Marquis his
Duke of Hamilton c. LIB III. Of what passed after the Marquis laid down his Commission till July 1642. AND now I am come to a Period in the series of the Marquis his Publick Actings for this turn after which for some Years he continued at Court under the private Character of a Councellour much in His Majesties Favour The Marquis out of Publick Imployment it cannot be therefore expected that henceforth the Accounts of Scotish Affairs should be enlarged to the former Fulness since it is the Marquis his Story and not Scotland's that is undertaken to be written neither are the Materials so copious as to bear the Writer through all particulars were he so bold as to adventure on them Therefore all that shall be henceforth offered of Publick Affairs shall be onely to give the Reader such a clear prospect of the State of them that when the Marquis shall again appear in business his following Actions may hang together with his former yet the Writer will not so sullenly confine himself to a general Account but when any particulars occur wherein he is authentically informed he will truly represent them My Lord of Traquair waited upon His Majesty to Whitehall Traquair goes to Scotland whither the King came in the beginning of August and on the sixth his Commission was signed and himself dispatched to Scotland On his way he was ordered to deliver the following Letter from His Majesty to my Lord S. Andrews who was then at Newcastle in answer to an Address made by the Bishops to my Lord of Canterbury to get the Assembly prorogued It was penned by the Marquis as appears by the Brovillon of it yet extant and interlined in some places by my Lord of Canterbury CHARLES R. Right Trusty and Well-beloved Councellour and Reverend Father in God We greet you well YOur Letter and the rest of the Bishops sent by the Elect of Caithnes to my Lord of Canterbury hath been shown by him to Vs and after serious Consideration of the Contents thereof We have thought fit Our Self to return this Answer to you for Direction according to Our Promise which you are to coâ—municate to the rest of your Brethren We do in part approve of what you have advised concerning the Prorogating of the Assembly and Parliament and must acknowledge it to be grounded upon Reason enough were Reason only to be thought on in this Business but considering the present state of Our Affairs and what We have promised in the Articles of Pacification We may not as We conceive without great prejudice to Our Self and Service condescend thereunto wherefore We are resolved nay rather necessitated to hold the Assembly and Parliament at the time and place appointed And for that end We have nominated the Earl of Traquair Our Commissioner to whom We have given Instructions not only how to carry himself at the same but a Charge also to have a special care of your Lordships and those of the inferiour Clergy who have suffered for their Duty to God and Obedience to Our Commands And We doe hereby assure you that it shall be still one of Our chiefest Studies how to rectifie and establish the Government of that Church a-right and to repair your losses which We desire you to be most confident of As for your Meeting to treat of the Affairs of the Church We do not see at this time how that can be done for within Our Kingdom of Scotland We cannot promise you any place of Safety and in any other of Our Dominions We cannot hold it convenient all things considered wherefore We conceive that the best way will be for your Lordships to give in by way of Protestation or Remonstrance your Exceptions against this Assembly and Parliament to Our Commissioner which may be sent by any mean man so he be Trusty and deliver it at his entring into the Church but We would not have it to be either read or argued in this Meeting where nothing but Partiality is to be expected but to be represented to Vs by him which We promise to take so in consideration as becometh a Prince sensible of His Own Interest and Honour joined with the equity of your Desires and you may rest secure that though perhaps We may give way for the present to that which will be prejudicial both to the Church and Our Own Government yet We shall not leave thinking in time how to remedy both We must likewise intimate unto you that We are so far from conceiving it expedient for you or any of my Lords of the Clergy to be present at this Meeting as We doe absolutely discharge your going thither and for your Absence this shall be to you and every one of you a sufficient Warrant In the interim your best Course will be to remain in Our Kingdom of England till such time as you receive Our further Order where We shall provide for your Subsistence though not in that measure as We could Wish yet in such a way as you shall not be in want Thus you have Our Pleasure briefly signified unto you which We doubt not but you will take in good part you cannot but know that what We doe in this We are necessitated to So We bid you farewell Whitehall Aug. 6. 1639. This Letter being delivered to the Bishops by the Kings Commissioner they signed the following Declinatour and put it in his hands WHereas His Majesty out of His surpassing Goodness was pleased to indict another National Assembly The Bishops Declinatour of the Assembly for rectifying the present Disorders in the Church and repealing the Acts concluded in the late pretended Assembly at Glasgow against all right and reason charging and commanding us the Archbishops and Bishops of the Church of Scotland and others that have place therein to meet at Edinburgh the 12th of August instant in hopes that by a peaceable Treaty and Conference matters should have been brought to a wished Peace and Vnity and that now we perceive all these Hope 's disappointed the Authors of the present Schism and Division proceeding in their wonted courses of Wrong and Violence as hath appeared in their presumptuous Protestation against the said Indiction and in the business they have made throughout the Country for electing Ministers and Laicks of their Faction to make up the said Assembly whereby it is evident that the same or worse effects must needs ensue upon the present Meeting than were seen to follow the former We therefore the Vnder-subscribers for discharge of our Duties to God and to the Church committed to our Government under our Soveraign Lord the Kings Majesty Protest as in our former Declinatour as well for our Selves as in name of the Church of Scotland and so many as shall adhere to this our Protestation That the present pretended Assembly be holden and reputed null in Law as consisting and made up partly of Laical persons that have no Office in the Church of God partly of refractory
Petitions and true Informations of my Innocency and Loyalty but doth notwithstanding thereof harbour any opinion of my Disloyalty or casting off my dutiful Obedience and Subjection to His Majesty or offering Subjection to any other King or Potentate in the World I am content to undergo the most exact Trial which is agreeable to the Laws of that Kingdom by which onely I ought to be judged rather than lie under such a heavy Imputation which to me who am conscious of my own Innocency and of my most tender and humble Duty towards His Majesty is more grievous than my Sufferings which can onely prejudice and hurt me and my private Estate but can no ways conduce for advancing of His Majesties Service but rather be a hinderance to the Accommodation of Affairs whereas my Liberty or lawful Trial will serve for the Illustration of His Majesties Iustice to the World and will make His Subjects without fear of danger to tender their humble Suits and Remonstrances at the Throne of His Royal Iustice. An. 1639. Upon this the Marquis pressed the King much for my Lord Lowdon's Enlargement since the Covenanters made great noise with it in all their Complaints The Marquis treats with him by the Kings Order and pretended that they durst send up no more Commissioners and therefore they sent their Acts in the Packet He did also shew His Majesty that he knew by the Lieutenant of the Tower that Lowdon was very fearful wherefore he desired permission from the King to try what this Fear could draw from him and to see if his Enlargement with the hopes of a Noble Reward could engage him to the Kings Service which if obtained might prove of great advantage since the Irritations he had received would make his Advices less suspected in Scotland His Majesty approving this he treated with Lowdon and found him abundantly pliant and so on the 26th of Iune he agreed with him on these Terms which he got under Lowdon's Hand in two Papers yet extant THE Lord Lowdon doth promise to contribute his faithful and uttermost Endeavours for His Majesties Service and furthering of a happy Peace and shall with all possible diligence and care go about the same and shall labour that His Majesties Subjects of Scotland may in all humility petition that His Majesty may be Graciously pleased to authorize a Commissioner with full Power from His Majesty to establish the Religion and Liberty of that His Majesties Native and Ancient Kingdom according to the Articles of Pacification and that by a new Convening or Session of the Parliament without cohesion or dependence on what hath been done by themselves without His Majesties Presence or of a Commissioner to represent His Majesties Royal Person and Power That if there be not an Army already convened in Scotland in a Body he shall endeavour that they shall not convene nor come together during the time of Treaty in hope of Accommodation and if they be already convened in a Body before his return he will labour that they may dissolve and return to their several Shires or dispose so of them that they remain not in one Body as may best evince that they intend not to come into England but may carry themselves in that respective way as may best testifie their Duty to His Majesty and their Desires of Peace That if General Ruthwen shall happen to become their Prisoner they may as a testimony of their desire to shun every thing which may provoke His Majesties displeasure preserve him and that the Lord Lowdon will shew how far he is engaged for his Safety That when Affairs shall be brought to a Treaty in Parliament and that His Majesty shall be Graciously pleased to settle the Religion and Liberties of the Kingdom according to the Articles of Pacification he will endeavour that the Kings Authority shall not be entrenched upon nor diminished that they may give a real demonstration to the World how tender and careful they are that His Majesties Royal Power may be preserved both in Church and State That what is done or imparted to the Lord Lowdon concerning His Majesties Pleasure shall be kept secret and not revealed to any here further than His Majesty shall think expedient That the Lord Lowdon shall as soon as conveniently he can return an account of his Diligence There was given with this another Paper which follows An. 1640 Memorandum of what passed betwixt the Marquis of Hamilton and me 26 Iune 1640. BEcause no great matters can be well effectuated without Trust Fidelity and Secrecy therefore it is fit that we swear Fidelity and Secrecy to others and that I shall faithfully contribute my best Endeavours for performance of what I undertake and that my Lord Marquis doe the like to me Our desires and designs do tend mainly for Preservation of Religion Laws and Liberties of the Kingdom the Kings Honour and of His Royal Authority and for establishing of a happy Peace and preventing of Wars and we are to advise and resolve upon such ways and means as may best conduce for these ends If after using of our utmost Endeavours it be not Gods will that we may be so happy as to obtain such a Peace in haste as may content the King and satisfie his Subjects till differences draw to a greater height and beginning of Wars to resolve what is fit to be done in case of such an Extremity for attaining a wished Peace and to condescend what course we shall take for keeping of Correspondence If my Endeavours and Service which doubtless will put me to a great deal of expence and pains shall prove useful for His Majesties Service and Honour and the Good of the Kingdom which are inseparable the Marquis will intercede really and imploy his best Endeavours with the King to acknowledge and recompence the Lord Lowdon 's Travels and Service in such manner as a Gracious King and Master should doe to a diligent and faithful Servant Upon this Lowdon was enlarged next day Lowdon is enlarged and permitted to go down to Scotland but those who did not know the Secret of this thought the King had weakened himself much by letting go an Hostage of such importance and this gave new Suspicions of the Marquis his Tamperings with the Covenanters His Majesty commanded the Earl of Lanerick to write by the Lord Lowdon the following Answer to the Letter sent up by the Lords of Scotland with the Acts they had lately passed My Lords BY my former of the Date the 23th of June Lanerick 's Answer to the Committee in Scotland His Majesty was pleased to promise by me to let you know within few days His further Pleasure concerning those Proceedings and Desires of the Noblemen and Barons and Burgesses which you sent me to be presented to His Majesty whereupon he hath now commanded me to tell you that the not proroguing of the Parliament in a Legal and Formal way was not for want of clear
Instructions and of full and ample Power from His Majesty He having fully signified His Pleasure to those whom He did entrust with the executing thereof not thinking it fit to imploy other Servants of greater Eminence by reason of the disorders and iniquities of the Times and as forced by the importance of his other great and weighty Affairs He was necessitated to prorogue the Parliament for some few days so did He most really intend to perform at the time prefixed whatsoever He had promised by the Act of Pacification But neither can the neglect of His Servants if any be nor those other Reasons alledged by the foresaid Noblemen Barons and Burgesses in their Declaration for their Sitting satisfie His Majesty for their proceeding in a Parliamentary way since by the Duty and Allegeance of Subjects they are bound to acknowledge in a most special manner His Transcendent Power in Parliaments and if Subjects there do assume the Power of Making Laws and of Rescinding those already made what Act can be done more derogatory to that Regal Power and Authority we are all sworn to maintain Therefore His Majesty conceives they cannot in reason expect He can interpose His Royal Authority to these or any other Acts whatsoever whereto neither He in His own Royal Person nor by His Commissioner did assist Yet such is His Majesties Clemency that when they shall take such an Humble and Dutiful way as may witness that they are as careful and tender of His Majesties Royal Power as they are desirous of His Approbation then shall it be time for them to expect such a Gracious and Iust Answer as may testifie His Majesties Fatherly Compassion of that His Native Kingdom and his Pious and Princely care of performing whatsoever is necessary for establishing their Religion and Laws So thus having imparted unto you all that was enjoyned me by His Majesty I shall say no more from my self but I am Your Lordships humble Servant LANERICK Whitehall 27th of June 1640. My Lord Lowdon found matters at so great a height that he was able to do little more than give intelligence that he delivered the Letter to the Lords at Edinburgh who returned to it the following Answer My Lord The Reply of the Committee WE received your Lordships Letter of the 27th of June from the Lord Lowdon whose relief out of Prison gives us occasion before we answer your Lordships Letter to acknowledge the same as an act of His Majesties Royal Iustice and Goodness although the pretended cause of his Imprisonment was but a malicious Calumny of the Enemies of the Kings Honour and our Peace forged to engage both His Majesties Kingdoms in a National War As we cannot but regrate that any neglect of His Majesties Officers or absence of His Commissioner whose presence we did both desire and expect should hinder the interposing of His Royal Authority to these Acts of Parliament which were found most necessary for establishing Religion and the Peace of this Kingdom and which according to the Acts of Pacification His Majesty was graciously pleased to promise so we have and shall still endeavour to give demonstration of that tender Respect we have of His Majesties Honour and Royal Power And whereas your Lordships Letter doth imply that we should take some other way for the more easie obtaining His Majesties Approbation which also by several reasons hath been most instantly pressed by the Lord Lowdon yet we conceive that Parliamentary way which was taken by the Estates convened by His Majesties Special Warrant to have been most Legal and necessary and no ways derogatory to His Majesties Power in Parliament nor contrary to the Duty of good Subjects who are warranted by the Articles of Pacification under His Majesties Hand to determine all Civil questions ratifie the Conclusions of the Assembly and remove the present Distractions of this Kingdom as is more abundantly demonstrated by their Declaration in Parliament thereabout So that we dare not take any other Course which may entrench upon their Parliamentary Power or Proceedings nor will we being so few in number appointed by them to stay here presume of our selves in a matter of so great moment to return a more full and particular Answer till there be a more frequent Meeting of those appointed by Parliament which will be shortly and then your Lordship shall be acquainted that you may shew His Majesty their Resolutions and humble Desires and we shall remain Your Lordships affectionate Friends and Servants Signed Lindsay Balmerino Burghly Napier J. Murray G. Dundas Ja. Sword J. Forbes Ed. Eggar Edinburgh 7th of July 1640. They went on with their Preparations The Preparations are great in Scotland and caused all to bring in the tenth Peny of their Rents to make this War look like a Sacred one since carried on by the Tithes and ordered their Forces to be drawn together Mean while the King went on at as good a pace as he could and went from London in the end of Iuly to make his Rendezvous at York The Earl of Strafford staid some time behind partly for Sickness partly to see what Money could be borrowed from London and at this time there were great and high Misunderstandings between him and Sir Henry Vane both making their Complaints to the Marquis by their Letters Strafford was also to bring an Army out of Ireland upon the West of Scotland whereupon they in Scotland drew their Forces together in the end of August and resolved to march into England and make that the Seat of the War pretending as by their Declaration then emitted doth appear that their Trade was block't up by English Ships that in England and Ireland Scotishmen were proceeded against for taking the Covenant and the English Council had voted a War with them wherefore they said they were constrained to go into England with their Petitions declaring they came not to invade England but to avert the Invasion of their Country that was designed adding that they should be so far from doing prejudice to any in England that severe Justice should be executed upon those who took any thing in England without payment And about this time Ruthwen being for many months block't up in the Castle of Edinburgh so that Victuals and Ammunition were spent his Water also failed and most of his Souldiers died was forced to Capitulate and render up the Castle of the Covenanters But not to stand too long on matters universally known as soon as they entred England The Scotish Army enters England the King by Proclamation declared them Traytors on the 22th of August yet they went on and when they came to the Ford of Tine at Newburn some miles above Newcastle they found it guarded by a Body of Foot who had raised a Brest-work near the River and lay there to obstruct their passage Yet no sooner did the Scottish Cannon begin to play but they struck with Fear threw down their Arms and run away whereupon the General
to Scotish business yet I judged it a crime to let any of the Reliques of that Princes Pen perish How it came into the Marquis his hand I know not it is an Answer to a Remonstrance sent to the King by the Two Houses at Westminster in the end of this year I Having taken to my serious Consideration the late Remonstrance made to me by Both Houses of Parliament do make this Answer I take in good part your care for the Preservation of the true Religion established in this Kingdom from which I will never depart as also for your tenderness of my own Safety and security of this State and Government It is against my mind that Popery or Superstition should any way increase within this Kingdom and I will restrain the same by causing the Laws be put in due execution I resolve likewise to provide against the dangers of Iesuites and Priests setting forth a Proclamation with all speed commanding them to depart the Kingdom within one month whereof if they fail or shall return then they shall be proceeded withall according to the Laws Concerning Rosettie you must understand that my Wife hath always assured me that to her knowledge he hath no Commission but only to entertain a persâ—nal Correspondence betwixt Her and the Pope of things requisite for the exercise of Her Religion which is warranted to Her by the Articles of Our Marriage which give Her a full Liberty of Conscience yet I have so perswaded Her that since the misunderstanding of this person's Condition gives offence She will within a convenient time remove him Moreover I will take special care to restrain my Subjects from resorting to Mass at Denmark-house St. Jame 's and the Chappels of Ambassadours Lastly concerning John Goodman the Priest you must know the reason why I reprieved him is that as I am informed neither Queen Elizabeth nor my Father did ever avow that any Priests in their times were executed meerly for Religion which to me seems to be this particular case yet seeing that I am pressed by Both Houses to give way to his Execution because I will avoid the inconvenience of giving so great a discontentment to my People as I perceive this Mercy may produce I remit this particular Cause to Both Houses but I desire you to take into your serious Considerations the inconveniences which as I conceive may upon this occasion fall upon my Subjects and other Protestants abroad especially since it may seem to other States to be a Severity with surprize which I having thus represented to you think my Self discharged from all ill consequences that may ensue upon the Execution of this person Anno 1641. THe Marquis notwithstandiâ—g all the malice he knew some of his Country-men bore him did not slacken his endeavours to bring things to a final Settlement An. 1641. and the high language which was now spoken at Westminster furnished him with too strong Reasons for enforcing the necessity of agreeing with the Covenanters The King yields to all the Demands of the Covenanters At length the King weary of contending so much resolved to yield to most of their Demands For the first of publishing their Acts though it was contrary to the practice of Scotland to hold a Session of Parliament unless the King were present by himself or his Commissioner yet it was represented that was but a point of Form for as they Sate by the Kings Summons so they did not pretend their Votes were Laws without the Kings Ratification and their Sitting in this manner though disorderly could not be so derogatory to the Kings Authority as at first view appeared since it was the constant practice of the Two Houses in England to Sit and Vote in the Kings absence The King was willing all these Acts should be of new voted promising his Royal Assent to them but they were stiff and the King yielded For the Reparation of Losses the King remitted them to the Two Houses who considered their Accompts and gave them a large Brotherly Assistance For the disposal of the Castles the election of the Councellours Officers of State and Judges which the Covenanters desired should be done with Advice of Parliament they went very harshly down with the King But they alledged divers old Laws for their Demands which seemed now necessary to he revived since His Majesty was so seldom in Scotland The Kings great apprehension of this was that it would give a Copy to England for making the like Demands to which it was answered that the Kings residence in England made the case to differ vastly the Scotish Lords engaging upon their Honour to declare in case the Two Houses should make the like Demands they were unreasonable in so doing In a Word the King granted all they demanded only he thought it unjust and unreasonable to grant an Indempnity to the other Party and let his Friends be secluded from it wherefore he pressed nothing so earnestly as that the Oblivion might be without exception and the List of those who were summoned upon the pretence of being Incendiaries was so great that he thought to abandon so many of his Faithful Servants to the violence of the Times was so dishonourable that he could not answer for it neither to God nor man The Covenanters to yield somewhat reduced their great number to five persons who were the Earl of Traquair the Bishop of Ross Sir Robert Spotswood Sir Iohn Hay and Doctor Balcanquell but the King thought he could not yield to that Demand were there but one excepted and told them that though he had better Grounds to pursue some of themselves as Incendiaries yet being willing to dispense with these his Resentments he had reason to expect the same Condescendency from them But they pretended their Bond and Oath for prosecuting of them and though it was told them that an ill Oath was worse kept yet they were stiff and the temper found was that their Processes should go on but their Censure should be remitted to the King and that the Scots should be satisfied with his Assurance that he should imploy them no more in Scotish Affairs without consent of Parliament And thus all things were agreed on and His Majesty determined to go in Person to Scotland to settle matters there but at this time the Scotish Commissioners began to Cabal with the Male-contents in the Two Houses and in particular concurred with them in the pursuit of the Earl of Strafford The Friendship betwixt the Marquis and that Gallant man had been great and intire and as his Testimony in those matters about which he was examined was among the Evidences Strafford had in his Defences so his Confidence in the Marquis did appear by the following handsome Letter he wrote to him a few days before his Death May it please your Lordship HItherto I judged it not fit to endanger your Lordship by any Intelligence betwixt us which might have turned much to your prejudice in a time when
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
wherein it is represented that your Lordships late Warrant for Printing His Majesties Letter hath occasioned great Grief and heavy Regrate of all who tender the Glory of God His Majesties Honour and procuring Vnity of Religion and Vniformity in Church-Government the continuance of Peace and Vnion betwixt the two Kingdoms and fearing if at this time we should be silent your Lordships should conceive us and the rest of the Kingdom to be involved with them in the like Desires Iudgements and Opinions and lest by our silence our Gracious Soveraign the Kings Majesty should believe us wanting in the Duty and Allegiance which by so many Tyes and Obligations we owe to Him our Native King or that our Brethren of England should apprehend the least Intention â—r Desire in us to infringe or any ways to encroach upon the Brotherly Vnion of the two Kingdoms so happily united under one Head We presume in all Humility to clear our selves and our Intentions to your Lordships and to all the World and therewith to represent our humble Wishes and Desires for Establishing His Majesties Royal Authority and continuing that happy Vnion betwixt the two Kingdoms which can never truely be conceived to be intended to weaken the Head whereby it is knit together and without which it can have no subsistence The happy Vnion of the two Kingdoms under one Head our King doth so much add to His Majesties Greatness and Strength of both Kingdoms that we British Subjects cannot choose but wish that the said Brotherly Vnion be heartily entertained and cherished by all fair and reasonable means to which we conceive no one thing will so much conduce as that the late Articles of the Treaty of Peace and Conclusions taken thereupon about Vnity of Religion may be carefully and timeously prosecuted wherein as our Commissioners then so we now without presuming or usurping to prescribe Rules or Laws of Reformation to our Neighbour-kingdom Civil Liberty and Conscience being so tender that it cannot endure to be touched but by such as they are wedded to and have lawful Authority over them notwithstanding seeing the duty of Charity doth oblige all Christians to pray and profess their Desires that all were of the same Religion with themselves and since we all acknowledge that Religion is the base and foundation of Kingdoms and the strongest Bond to knit the Subjects to their Princes in true Loyalty and to knit their Hearts one to another in true Vnity we cannot but heartily wish that this work of Vnion so happily begun may be crowned and strengthened by the Vnity of Church-Government and that your Lordships with us may be pleased to represent it to His Majesty and Both Houses of Parliament as an expression and Testimony of our Affections to the good of our Brethren in England and of our Desires to make firm and stable our Brotherly Vnion by the strong chain and Bulwark of Religion but as we have said no ways intending thereby to pass our bounds in prescribing and setting down Rules and Limits to His Majesty and the Two Houses of Parliament their Wisdom and Authority in the way of prosecution thereof The sense we have of the great Calamities and irreparable Evils which upon occasion of these unhappy Distractions and Mistakes betwixt the Kings Majesty and the Two Houses of England which if not speedily removed cannot but produce the fearful and prodigious effects of a bloody and Civil War obligeth us in the duty of Christians and as feeling members of what may concern our Common Head the Kings Majesty and the Good and Happiness of our Brethren of England humbly to represent to your Lordships That as we will not be wanting with our Prayers and our faithful and best Endeavours to assist in the removing of these unhappy Mistakes and Misunderstandings so we heartily wish and humbly Petition your Lordships that from the deepness of your Wisdom such happy Motions may flow as upon that tender care of our Soveraigns Person and Authority Peace and Truth may be settled in all His Majesties Dominions Although we will not presume nor take upon us to prescribe Laws and Rules to your Lordships yet in all Humility we intreat your permission to represent such Particulars as we conceive and are very confident will conduce much to the removing of all â—hese Mistakes betwixt His Majesty and His Two Houses of Parliament and be a ready mean to facilitate a happy and wished Peace and continue the Brotherly Vnion between the Two Kingdoms And first that in answering the foresaid Petition your Lordships may be pleased to do no Act which may give His Majesty just occasion to repent him of what Trust he so Graciously expressed in his Letter of the Date the fifth of December He reposes in us His Subjects of His Ancient and Native Kingdom for we cannot think that our Brethren in England or any other can believe that the ground of this Mutual Vnion of the two Kingdoms by the several and respective Vnions to our Prince and Head should weaken the strong Bond whereby it is knit and by which we are so firmly tied by so many Ages and unparalelled lineal descents of an hundred and seven Kings Neither can we suppose that any good Protestant or true member of our Church can imagine far less seduce others to believe that by the late Treaty of Peace or Act of Vnion we as Scotish Subjects are in any sort liberated from the Dutiful Obedience which as Scotishmen we owe to our Scotish King or from that due Loyalty which as Scotish Subjects we owe to our Native Soveraign for Maintenance of His Person Greatness and Authority or that thereby we are in any other Condition in these necessary Duties to our Soveraign than we and our Ancestors were and have been these many Ages and Descents before the making of the said Act or before the Swearing and Subscribing of our late Covenant by which we have solemnly sworn and do swear not only our mutual Concurrence and Assistance for the cause of Religion and to the utmost of our power with our Means and Lives to stand to the Defence of our Dread Soveraign His Person and Authority in the preservation of Religion Liberty and Laws of this Church and Kingdom but also in every Cause which may concern His Majesties Honour we shall according to the Laws of this Kingdom and Duty of Subjects concur with our Friends and Followers in quiet manner or in Arms as we shall be required of His Majesty or His Councel or any having His Authority Secondly That if your Lordships think it fitting to make any answer to the Parliament of England their Declaration your Lordships may be pleased not to declare enact or promise any thing which may trouble or molest the Peace of this Kirk and Kingdom which by God's special Grace and His Majesties Favour and Goodness we enjoy and have established unto us according to our Hearts desire by the Laws Ecclesiastical or Civil of
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
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
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
Letter the Earl of Airly wrote him See p. 140. which he got after His Majesty called the two Regiments from the Fleet and about that time His Majesty commanded him to stop all Hostilities and give attendance on His Person See p. 123. He had likewise express Orders from His Majesty not to think of the North till some good were done in the South and it is most falsly alledged that when he was there See p. 117. he abandoned the Marquis of Huntley who was taken Prisoner before either he or his men were Shipped and the Orders he sent that Marquis were by His Majesties express Commands founded on very good reason that he should not make a Rupture till His Majesties Forces were drawn together and near the Borders lest as by the event did appear the Enemy should have overpowered him if he begun too soon and as the Defendant hath been informed that Business was ruined not by the Restraint these Orders gave but by the Treachery of some of the Defendant's Accusers who were then in Arms against him See p 135.137 and took that Marquis under Trust. And when the Viscount of Aboyn came to the Defendant with His Majesties Letters which were of a very old Date he was supplied to his hearts desire as himself professed His Majesty had before his coming called away two of the Regiments that were with the Defendant and he had Orders not to weaken the other so false is it that he had Orders to send Byron's Regiment to the North but he gave the Viscount of Aboyn some experienced Officers Arms Ammunition and Money And the Defendant hath been well informed that the Miscarriage of that Attempt did not flow from those he sent with that Lord but that being encountred by Souldiers commanded by some of the Defendant's Accusers his Lordship betook himself to his heels but the others whom the Defendant sent with him behaved themselves gallantly and laid all the blame of their bad success on that Lord. It is also false that Byron's Regiment was kept to die below Decks since from the time they went aboard till they were discharged there died not ten of their number so false is this Article in all its branches and assertions Charge That in all his demeanour he went about to advance the designs of that People against the King Article 5. as by secret encouraging them to persist in their obstinate Courses so by private discouraging of well-affected men to persevere in their Allegeance and in particular did advise some Noblemen who craved his Opinion how they should behave themselves in these Distractions to agree with the Country and go home and make their own Peace Like-as after the Pacification at Berwick continuing in his wonted strain of incensing in an underhand way the People against their King being demanded why he denuded himself of his former Commission his Answer was because he knew the King intended to keep nothing of that which at that time he had condescended unto otherwise he would not easily have parted with the Honour of that Service By which he did so wound the King in the Opinion of His Subjects of the sincerity of His Intentions That as no one thing did at that time breed more rubs and difficulties to His Majesties Service so is there nothing by which the People are more readily and easily stirred up to the present Rising in Arms than the Opinion they then and by his continual underhand working have since drunk in of the King's Intention to reverse in case he should prevail in England all the Acts and Favours he had condescended unto to His Subjects of Scotland Answer The Answer to the fifth Article To the fifth Article the Defendant says he ever studied by all the means that became a good Subject and Countryman to bring the Differences betwixt His Majesty and His Subjects to a happy Temper and he desires the Malice of his Accusers in forming this Article as all the rest be considered wherein base Discourses and Advices are fastned on him without naming the Persons to whom they were given and in this he cannot but commend his Accusers Prudence who have named no Person till they have tried upon whom they can so far prevail as to be guilty of the wickedness of owning such Lies The Defendant can prove the contrary by many in whose Preservation it is to be supposed he is more concerned than in any they can name with whom he used his utmost endeavours to perswade them to adhere closely to His Majesties Interests which prevailed on some though not on all nor did he advise any to agree with the Country till he knew His Majesty was resolved to end the Business in a Treaty in which case it could be no Crime to advise any to make their own Peace nor did he ever infuse into any Person a jealousie that His Majesty would void the happy Settlement of Scotland sure he is he said and did all was in his power to root these jealousies out of the Subjects minds which he can prove by innumerable Witnesses and Presumptions and no man durst say he heard any of the Discourses mentioned in the Article from the Defendant if he were in a capacity to call him to an account for it Nor did he desire to be free'd of his Commissionon the account that is falsly alledged in this Article but finding his continuing in that Place gave a Jealousie not only to the Country See p. 146. but to the Counsellours and Officers of State as if too great a Trust had been heaped on one Person and apprehending that the expence and greatness of that Character continuing long in one man would breed Envy and much retard his Majesties Service he desired a fitter Person might be put in that High Trust and that he might be suffered to continue about His Majesties Person who he supposes does remember well upon what grounds he desired to be free'd of that Great but Invidious Character thus this Article is also intirely false Charge That in the Petition to His Majesty for discharging the Annuity which was not so much pretended for that Article 6. as to be a pretext under which a firm Bond and Association might have been contracted amongst all Loyal Subjects for the Preservation of the Kings Person Honour and Authority and a strict Conjunction amongst themselves he could not be induced to put his hand to it until a Clause conceived in favours of His Majesty to the effect above-expressed as too great an eye-sore was dasht out and the same thus dashed being sent up to Court and the desire of the Petition most Graciously condescended unto by His Majesty and delivered unto the Earl of Lanerick chief Secretary the same was kept up to the great amazement of all those Noblemen and Gentlemen who had signed the same and total discouragement of others to appear in that or any such Course thereafter Answer To the sixth Article the
himself into Affairs and if he did not act only as he was commanded and employed by him nor does the Defendant know who those Noblemen were that made such Offers His Majesty knows better if any such were made The Defendant knows well that some of his Accusers made some Offers to Her Majesty about eight Months after His Majesty had sent him to Scotland Comp. p. 212. with p. 195. but as these Offers were designed to make His Majesty the first breaker which would have been infinitely to the prejudice of His Service and have given incurable jealousies to the Subjects of all His Majesties Concessions so no rational Methods were proposed for prosecuting them and it seemed they flowed from the desperate State those Lords were in who had engaged as deep against the King as any had done but afterwards not meeting that Esteem and those Rewards which their Ambition and Vanity had designed and their Fortunes being ruined they pretended much zeal for the Kings Service but offered no rational appearances of being able to prosecute what they undertook But the Defendant as both their Majesties well know laid the whole Matter before them with his own Opinion and the grounds on which he went and they do also know with what impudent Falshood it is alledged See p. 21â— 227 228. that he undertook to keep the Kingdom of Scotland in Peace since both in his Discourses and Letters he often said he would undertake for none but himself and that he very much feared the Conjunction of that Kingdom with the Two Houses and that the utmost of his Hopes was to keep off things by delays for that year and in this he appeals to His Majesty and to all in the Court with whom he kept Correspondence And for his Engagements to break with the Marquis of Argyle if he did not faithfully adhere to His Majesties Interests it is well known how ill an understanding and how little Correspondence hath been betwixt the Defendant and Argyle these twelve Months past His Majesty also knows See p. 210. that when the Chancellour of Scotland was sent up last the Defendant wrote to him to look well to him for it was believed and it was the Defendant's own Opinion that if he went to London he would engage in an Union with the Two Houses in name of the Kingdom of Scotland of which when His Majesty challenged the Chancellour he denied it and said These were Jealousies infused into His Majesty by the Defendant so far was he from abusing His Majesty with vain Hopes Nor is it strange that his Enemies charge Falshoods on him in Matters pretended to be transacted among few hands since they are so impudent in Matters that were publick as to say that immediately upon his return to Scotland a Convention of Estates was called Comp. p. 195. and p. 218. for that was not done but after he had been sent to Scotland almost a whole year and all that time the Defendant did render His Majesty such Services that he was pleased out of His Royal Goodness not only to write him many Letters of Thanks but to confer divers marks of His Favour on him And when the Convention of Estates was appointed to be called See p. 21â— the Defendant did all he could to oppose that Resolution and entred his Declaration against it which is yet upon Record having omitted nothing he could either say or do to hinder the Calling of it for which Service he received a particular Letter of Thanks from His Majesty and the Defendant says See p. 232. that there was no Letter written from His Majesty to him to hinder the meeting of that Convention nor does he know who are meant by his Complices or Cabal as they are afterwards called except those Lords whom His Majesty joyned with the Defendant in the Instructions he sent them The first Article of these being that they should do all was possible for avoiding Divisions among His Majesties Subjects See p. 219. and a Latitude being left for them to do what might be most for His Majesties Service on their perils and as they should be answerable See p. 245. they were to consider what was most to His Majesties Service It is true His Majesty did direct a Letter to the Council to forbid the meeting of the Convention See p. 230. but did remit it to the consideration of the Lords whom he had trusted whether it were fitter to deliver or conceal it upon which they were obliged to consider what was best to be done nor was it fit for them to divulge that Letter till it was considered whether it should be made use of or not But the Lords that had His Majesties Trust did call some meetings of all who were judged best-affected to consider what Advices were to be offered to His Majesty and they all did return their joynt-Advices See p. 226. with the reasons that prevailed with them to His Majesty wherein the Defendant was but one of seven and so is not to be charged nor answerable for the Advice so given since they only offered Advertisements to the King with their Advices and the reasons that prevailed with them and as His Majesty who could only judge what Advices were best gave Orders so they did Act if the Advertisements sent were false or their Advices against Law they are accountable for them but are not bound to answer for the good success of every thing they advised that being in the hands of God and neither the Defendant nor any other joyned with him in Trust did advise His Majesty to authorize the Convention but only to allow them liberty to sit so they kept within the prefixed Limits And there was good reason for offering such Advice His Majesties Affairs not being in so promising a condition that it was fit for them to begin the Rupture and it was certain that these who called the Convention without His Order would have acted in it notwithstanding His Prohibition which must have either affronted His Authority or precipitated a Breach which could not have been done at that time without the Ruin of the King's Affairs in that Kingdom The Defendant did at that time desire the Earl of Calander that he would use his Endeavours with some of these who pretended zeal for the King's Service and are now the Defendant's Accusers that they would lay aside all private Animosities and concur in His Majesties Service and offer their Opinions with the Method in which they desired things might be carried on and the Defendant offered them all possible satisfaction in every thing for which they stood at a distance from him but that Earl brought Answers very far different from what they pretend they sent and all wise men looked on their Propositions as so extravagant and unpromising that none could think them fit to be followed But the Defendant denies there were any such Engagements passed as in the Article is falsly alledged yet
him much against his Heart for he had stood out against all the Importunities of his Enemies till the very morning he came to Oxford in which most of the whole Court came about him and said they would all desert him if He yielded not to their Desires The Duke professed he was fully satisfied that His Majesty judged him Innocent and that his Heart was still what it had ever been to His Service but he saw himself in no capacity of being further useful to His Majesty since these Iealousies would be ever hanging over his Head though His Majesty were free of them Things were now brought to great extremities so that the success of any Service might be laid on him seemed not only doubtful but desperate Besides he had no reason to think that cloud of Misfortunes which did hitherto hang over all his Actions was yet broken or dissipated and therefore he had particular reason to apprehend cross Events would yet follow his Attempts but he knew the World would be so unjust as to impute them to his Resentments and count them not casual but designed Miscarriages wherefore he desired permission to go abroad into some corner of the World where he might enjoy a private Retirement But the Kings Answer to this was that he looked on it as a well-couched Resentment adding he did not expect he would now leave him when he needed his Assistance most and this overcame his Resolution for that time therefore he frankly desired His Majesty would lay his Commands on him And the first of them gave occasion to a very unexampled and sublime exercise of his Vertue for at this time the King was in great perplexity about Montrose his Affairs The King orders the Duke to do what he could for rescuing Montrose since to leave him to the fury of his Enemies for having served him faithfully was so contrary to his Honour and Conscience that the King abhorred the thought of it on the other hand he could not preserve him for having recalled his Commission his further Actings were legally Treasonable and there was no way remaining to get him out of their hands since the King had no Ships for his Transportation and the fury against him was so great that they would hear of no Conditions unless he rendered himself to their Discretion wherefore the King proposed it to the Duke to do what in him lay to extricate him out of this Strait for the known enmity that was betwixt the Duke and Montrose would make his Advices in that particular less suspected An ordinary Vertue would have judged it sufficient not to have revenged Injuries and to have dispensed with the remembrance of them but it must be confessed to be a high Instance of Christianity to repay Injuries while the smart and sense of them was yet so fresh with so great Generosity He recommended the care of this to that Noble Gentleman Collonel Lockhart who was in Command under Middleton that led the Forces which were sent against him and had much power over him being his intimate Friend and did then begin to shew those eminent Qualities which made him afterwards be so much esteemed over Europe and his death be so Universally lamented Middleton treated with Montrose and took Lockhart with him to the Interview who told Montrose what Commands were laid on him by the Duke to serve him Montrose seeing his danger was willing to Capitulate with Middleton that they should lay down their Armes and retire to their Houses those only excepted who were attainted by the Acts of their Pretended Parliament who should be suffered to go beyond Sea within a few days after the Agreement This being done the Kirk-Party made great opposition to the Ratification of it in the Committee of Estates nor could it have been carried but by the Interest the Duke and his Brother had there who pressed it with much zeal This hath been often owned by Midleton and was avouched to the Writer by Sir William Lockhart who added That never did the Duke or his Brother lay their Commands on him in more pressing terms than in this particular about Montrose's Preservation The King being freed from this troublesom Intrigue The King is earnestly pressed to yield to the Propositions the next care was what Answer should be given to the Propositions for Peace that were every day expected The Duke prest him most earnestly to yield to them how unreasonable soever they might seem and particularly in the point of Religion for without full satisfaction in that nothing would please the Scotish Nation nor the City of London by whom only His Majesty could now hope to be preserved and they would hear of nothing short of the Abolition of Episcopacy and the Kings Taking the Covenant But were those granted he found a willingness in them to interpose for Moderating the other Propositions particularly those of the Militia and about the Delinquents he therefore intreated His Majesty to consider the Danger He was now in Foreign Aid was not to be looked for and he could not apprehend that Scotland would engage for him if the case varied nothing by His â—oncessions since they could not heretofore be kept in a Neutrality would His Majesty therefore for a Form of Government hazard the loss of his Crowns or if He was so Noble as to despise any Prejudice Himself might feel yet he besought Him to consider His Royal Posterity who by His stiffness would be ruined and to have pity on His Dominions which lay bleeding in that long tract of Civil Wars And though His Majesty had not full clearness in His Conscience about it yet he was sure the matter seemed of small Importance in it self though it became very great by the effects it might produce and he was confident if it were a sin God would never lay it to His charge since His Inducements to it were so strong and unavoidable All this he did not say from his own sense of these Propositions since himself thought His Majesties Concessions were such as might give full satisfaction but that he saw things were in that state that nothing without satisfaction in the point of Religion could bring them to any Settlement This was often repeated to the King both by him and his Brother as well in their Letters as Discourses But His Majesty said His Conscience was dearer to Him than His Crown But the King resolves to adhere firmly to his Conscience and He would willingly run the hazard of all His Crowns below rather than endanger that above that hitherto He had received no satisfaction to His Conscience in these two Great Points at which He stuck and till that were done no Consideration whatsoever would prevail The Quiet of His Kingdoms and the Settlement of His Throne were indeed to be purchased at any rate yet the Peace of His Conscience must be preferred by Him to all things And on these grounds did His Majesty still continue unshaken notwithstanding all
hazards The Propositions were brought from the Two Houses about the middle of Iuly and a speedy answer was craved to them The Propositions are brought to the King But for an account of His Majesties Thoughts of them I cannot give it better than by setting down a written account of them in a Letter sent to the Earl of Lauderdale at His Majesties Command by Sir Robert Murray THe Duty which I conceive every good Subject owes His Majesties first Thoughts of them to use his utmost Endeavours how weak soever for the furtherance of the happy Peace of these afflicted Kingdoms hath made me take the boldness to talk with the King upon the Propositions to see how far he can be induced to yield to them And although to every particular I cannot promise you an exact account because there are divers things in them which neither He nor I understand yet to the main Points I shall and such as I hope may be a good ground-work for happy Conclusions First then for Religion I find His Majesty really Conscientious and not superstitiously Scrupulous wherefore until He be better satisfied the uttermost He can be brought to is that He will be content that Presbyterial Government be generally established within this Kingdom by Act of Parliament for three years provided that He and all those of His Opinion may freely enjoy their Consciences according to the practices in Queen Elizabeth 's and King James 's Times Now how to do this would be too long for a Letter but as there are Examples so I doubt not to shew you more than one way to do it so willing ears may be brought to such a Motion and I assure you His Majesty is most willing to hearken and seek after information to the end He may be satisfied how with a safe Conscience He may give you full satisfaction herein but this Proviso that His Majesty grants will probably be but temporary For the Militia I can neither see inclinations in His Majesty to relinquish nor can I find Arguments to perswade him to it nevertheless I perceive so great inclinations in Him to strain to the uttermost to give His Subjects all just Satisfaction especially in what concerns the securing of their Fears that He will be content for Ten years the Two Houses should dispose of the Militia by Act of Parliament in the hands of such and so many persons as they shall name as likewise to change them within the said time and appoint others in their Places as they shall think fit but after the expiration of the said Time to return to the Crown as Queen Elizabeth and King James enjoyed it Concerning Delinquents His Majesties Opinion is that a good Act of Oblivion is the best way to bind up a Peace after Intestine Troubles it having been the Wisdom of other Kingdoms most usually and with good success to grant general Pardons with very few or no Exceptions whereby the numerous Discontentments of all sorts of People which are the seeds and fuel to future Disorders might be totally extinguished and His Majesty further conceives that He cannot desert so many gallant Persons of Condition and Fortune who have engaged themselves with Him only out of a sense of Duty without a perpetual and irrecoverable Dishonour As for Offices though His Majesty judges that the Disposal of them is a necessary Flower of the Crown yet He is content for this time to accept of the Nomination of them from the Two Houses to be enjoyed by these persons quam diu se bene gesserint so that after Vacancies they return to be disposed of as before I unwillingly mention Ireland because His Majesties Publick Faith being engaged how dare I speak to Him to violate that which is and must be all our Security but even in this will I pawn my Life He will prove Himself a zealous Protector of Protestants and a constant Maintainer of Sovereign Power My Conclusion is that if upon these grounds a Conference may be had betwixt His Majesty and the Two Houses I will engage any thing that an Honest man can that these Kingdoms will be shortly happy in a firm Peace which if it should fail on our part for our not hearing of our Soveraign it would be an unparalelled Misfortune not without Infamy These were His Majesties private Thoughts but His publick Answer inclined more to a Denial which when it was brought to Westminster was entertained both with Joy and Sorrow The King does not yield to the Propositions according to the inclinations of the several Parties The Independents and those of the Army feared nothing so much as the Kings granting them for in that case they saw there could be no colour for keeping up an Army and in the House of Commons when Thanks were Voted to the Commissioners that had been with the King for their pains one Member whispered another in the ear that they owed more Thanks to the King than any body and in another corner an honest Member saying to another what shall become of us since the King refuseth these Propositions the other answered nay what had become of us if He had granted them The Independent Party upon this moved The Houses go on to high Resolutions but are stopped by the Scotish Commissioners that no more Addresses should be made and that His Majesties Person should be demanded and the Army commanded Northward to see it executed which had been infallibly done had not the Scotish Commissioners given them in some Papers complaining of many Violations of the Treaty and the Arrears due to the Army The King had also desired a Personal Treaty near London and the Scots seconded it but the obtaining it was impossible for all this time the Scotish Commissioners and the English whereof the greatest part were of the Independent Faction were in no good terms As for the Arrears of their Pay the Two Houses talked of offering five hundred thousand pounds Sterling whereof an hundred and fifty thousand should be paid presently that so they might be rid of their Army which they said was no more necessary in England and a Complaint being made against some who spoke and wrote in prejudice of the Scotish Nation an Ordinance was debated for punishing them The Independents Imployed all their Strength against it Cromwell spoke most vehemently that it was to discourage their Friends and to encourage their Enemies but Hollis took him up so sharply for calling base Libellers Friends that he was glad to recant When it went to the Vote it run near an equality for 102 were against it and 132 for it so quickly were the Services of their dear Brethren of Scotland forgotten At this time the King sent my Lords of Argyle The King employes Argyle at London for obtaining a Personal Treaty Lowdon and Dumfermline to London Their Instructions were to deal for a Personal Treaty near London to get some of the Kings faithfullest Servants to be suffered
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
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
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
being a necessity of searching divers Records for Precedents which required a competent time as had been allowed in former cases but the Court refused to promise it only they said they would take it into their consideration The Counsel insisted and said plainly they declined the Imployment on those terms and would be forced to declare it Monday the 26th the other two Officers that had signed the Capitulation for the Duke and his Troops The ninth Appearance who had been sent for a great way off were examined who agreed with the former Witnesses in matters of Fact and also with Lilburn that by signing the Articles they only meant the Duke should be preserved from the Violence of the Souldiers and not from the Justice of the Parliament Then the Counsel began to Plead and all four spoke on the several Heads of the Plea Mr. Heron spoke cursorily and elegantly but not very materially Mr. Parsons a young man spoke boldly and to good purpose Mr. Chute the Civilian spoke learnedly and home and Mr. Hales since the much-renowned Lord Chief Justice of the Kings Bench elaborately and at length The Heads of their Arguments follow The Duke's Counsel at Law plead for him The Duke being as was granted a born Scotch-man his Tie of obligation and subjection to that Kingdom was indispensable and indissoluble so that his late Imployment could not be refused when laid on him by the Authority of that Kingdom no more than a Native of England living in it can disobey the Commands of this Parliament whereas any Subjection the Duke owed the Parliament of England was only acquired and dispensable That since no man can be a Subject of two Kingdoms whatever Tye lay on him to the Kingdom of England it was not to be put in Competition with what he owed Scotland it being a Maxim in Law that Major relatio trahit ad se minorem and that Ius Originis nemo mutare potest That there was an Allegeance due to the King and another to the Kingdom and no Treason could be without a Breach of Faith and Allegeance due to them against whom it was committed for these Kingdoms were two distinct Kingdoms and though the Allegeance due to the King was the same in both Kingdoms yet that due to the Kingdoms was distinct nor was the Actual administration of the Kingdoms in the Kings Person when the Duke got his Imployment therefore as his Allegeance to the Kingdom of Scotland was ancienter and stronger than any Tie that lay on him in England so what he did by their Order might well make him an Enemy to this Kingdom but could not infer Treason Yet all this of the Allegeance due to the Kingdom was founded on no Common or Statute Law as Mr. Hales himself confessed afterwards but he urged this well against those who asserted it it being the universally received Maxim at that time That whether he was a Post-natus or Ante-natus did not appear but though he were it did not vary the Case nor his obligation to the place of his Nativity and so though he were Post-natus or accounted a Denizen by his Fathers Naturalization his Offence could not be Treason but Hostility at most and by that supposed Hostility he could only lose his Priviledge of a Denizen but could not be made a Traitor there being no Precedent where ever any man was attainted of Treason for a hostile Invasion and it was questionable if this Offence could amount to that nor could any case be alledged where one born in another Independent Kingdome acting by a Commission from that Kingdom and residing there when he received his Commission and raising the Body of his Army in that Kingdom and coming into this in an Open Hostile manner was ever judged guilty of Treason Naturalization was intended to be a Benefit and not a Snare so that one might well lose it but was not to be punished for it And so when France and England were under one Soveraign divers of both Nations were naturalized in the other yet when Hostility broke out betwixt them many so naturalized fought on the side of their Native Kingdom for which none were put to death though divers were taken Prisoners And in Edward the third's time though he claimed France as his by Right yet when the Constable of France invaded England and was taken Prisoner he was not tried nor put to death but sent back to France as being a Native of that Kingdom And when David Bruce King of Scotland invaded this Kingdom and was taken Prisoner great endeavours were used to find a Legal ground for his Trial he being Earl of Huntington in England but this Plea was waved for it was found that it could not be done justly that being but a less degree of Honour though King Edward claimed a kind of Homage from the Crown of Scotland That if the Duke were on that account put to death it might prove of sad consequence in case there was War any more betwixt the Kingdoms since most of the present Generation were Post-nati and all would be so quickly and yet if the Lord Fairfax who was both a Post-natus and had his Honour in Scotland were commanded to lead an Army thither and being taken were put to death it would be thought hard measure For the Duke's Father's Naturalization it was true by the Statute of the 25 Ed. 3. provision was made that Children born without the Kingdom whose Parents were then in the King's Allegeance should be Denizens but the Duke was born before his Father's Naturalization which can never reach him none but the Issue after his Father's Naturalization being included within it and the word Haeres in the Act is only a word of Limitation and not of Creation nor did his making use of the assistance of some English Forces make him a Traytor It is true if an Englishman conduct a Foreign Army or if a Foreigner come of his own head or in a Rebellious way to assist an English Rebellion it will amount to Treason for the Act of such an Alien is denominated from the crime of those he assist here where he owed a local Obedience which was the Case of Shirley the Frenchman and of Lopez but if an Alien come with a Foreign Force though he make use of English Auxiliaries that only infers a Hostility but no Treason and was the case of the Lord Harris a Scotchman 15 Eliz. and of Perkin Warbeck both having English help and though Warbeck was put to death it was by no Civil Judicatory but only by the Will of Henry the 7th who erected a Court-Marshall for that purpose The present case was yet clearer where the Alien had Authority from his Native Kingdom and was commanded by them to make use of English help so that though Langdale's assisting the Duke did make himself a Traytor yet the Duke's accepting of it only infers an Act of Hostility And whereas it was objected that the Parliament had already by
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
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
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
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