that till you express the Particulars of your Desires His Majesty can give no direct Answer therefore His Majesty requires that you set downthe Particulars of your Demands with expedition he having been always willing to hear and redress the Grievances of His People and for the more mature Deliberation of these great Affairs His Majesty hath already given out Summons for the Meeting of the Peers of the Kingdom in the City of York upon the 24th of this Month that so with the advice of the Peers you may receive such Answer to your Petition as shall most tend to His Honour and the Peace and Wellfare of His Dominions And in the mean time if Peace be that you desire as you pretend He expects and by these His Majesty commands that you advance no further with your Army to these parts which is the only means that is left for the present to preserve Peace betwixt the two Nations and to bring these unhappy Differences to a Reconciliation which none is more desirous of than His most Sacred Majesty Signed LANERICK With which he wrote this Cover My Lords ACcording to your Desires I presented unto His Majesty in your names the Petition you sent me whereupon His Majesty hath been Graciously pleased to command me to make this reference which you shall receive herein inclosed joined unto the Petition My Lords by this you may see His Majesty is as he ever was willing to hear and redress the Grievances of His Subjects and I pray God you may take those Courses that may not too much incroach on the Goodness of so Gracious a Soveraign This shall be the earnest Prayer of Your Lordships Servant LANERICK York 5th Sept. 1640. To this they returned the Answer that follows which was sent by Sir Iames Mercer Right Honourable An. 1639. AS nothing in Earth is more desired of us than His Majesties favour so doth nothing delight us more than that His Majesty beginneth again to hearken to our Humble Desires The Covenanters make a second Address wherein we trust nothing shall be found but what may serve for His Majesties Honour and for the Peace of His Dominions The Particulars we would have expressed but that they are contained in the Conclusions of the late Parliament and our Printed Declarations which were sent to your Lordship but in case the Papers be not by your Lordship we now summarily repeat them That His Majesty would be Graciously pleased to command that the last Acts of Parliament may be published in his Highness's Name as our Soveraign Lord with the Estates of Parliament convened by His Majesties Authourity Next That the Castle of Edinburgh and other strengths of the Kingdom of Scotland may according to the first foundation be furnished and used for our Defence and Security Thirdly That our Countrymen in his Majesties Dominions of England and Ireland may be free from Censure for subscribing the Covenant and be no more pressed with Oaths and Subscriptions unwarranted by our Laws and contrary to their National Oath and Covenant approved by His Majesty Fourthly That the Common Incendiaries who have been the Authors of this Combustion in His Majesties Dominions may receive their Iust Censure Fifthly That our Ships and our Goods with all the Damage thereof may be restored Sixthly That the Wrongs Losses and Charges which at this time we have sustained may be repayed Seventhly That the Declarations made against us as Traytors may be recalled and in end by advice and consent of the Estates of England convened in Parliament His Majesty may be pleased to remove the Garisons from the Borders and any Impediment that may stop free Trade and with their advice may condescend to all Particulars which may establish a stable and well-grounded Peace for enjoying of our Religion and Liberties against all fears of molestation and undoing from year to year as our Adversaries shall take the advantage This Royal testimony of His Majesties Iustice and Goodness we would esteem to be doubled upon us were it speedily bestowed and therefore must crave leave to regrate that His Majesties Pleasure concerning the Meeting of the Peers the 24th of this Instant will make the time long ere the Parliament be convened which is conceived to be the only mean of settling both Nations in a firm Peace and which we desire may be seriously represented to His Majesties Royal thoughts the more this time is abridged the more able will we be to obey His Majesties Prohibition of not advancing with our Arms Our Actions and whole comportment since the beginning of these Commotions and especially of late since our coming into England are Real Declarations of our love and desire of Peace nothing but invincible necessity hath brought us from our Country to this Place no other thing shall draw us beyond the limits appointed by His Majesty which we trust His Majesty will consider of and wherein we hope your Lordship will labour to be a profitable Instrument for the Kings Honour the Good of your Country and of Your Lordships humble Servants and affectionate Friends A. Lesly Rothes Cassils Montrose Dumfermline Lindsay Lowdon Napier Tho. Hope W. Rickartoâ—n J. Smith P. Hepbuâ—â— D. Home Keir Ja. Sword Scots-Leager at New-Castle Sept. 8th 1640. An. 1640 On the 24th of September the Peers of England having met the King by their Advice commanded his Secretary to write the following Letter My Lords The King appoints a Treaty ACcording to His Majesties appointment the most part of the Peers of this Kingdom of England met here at York this day where His Majesty did communicate unto them your Desires and Petitions and because you do so earnestly press for a speedy Answer His Majesty with Advice of the Peers hath nominated such a number of them for a Conference with you upon Tuesday at Northallerton whose Names are underwritten But withall if you shall think the time too short and that with conveniency you cannot come so soon thither if betwixt this and Sunday you do acquaint His Majesty therewith he will take Order for the delay thereof for one day or two And that you may without all fear or danger of Detention send such Persons unto the said Conference as you shall think most fit if betwixt this and Sunday you send hither the Names of these you mean to imploy His Majesty will with all possible diligence return a safe conduct under his own Royal Hand for them and their necessary Servants His Majesty hath likewise commanded me to let you know that upon your relieving of such Officers and others of His Subjects as are detained by you he will return all such of yours as are his Prisoners either here or at Berwick and hereafter resolves that fair Quarters should be kept betwixt both Armies Thus having imparted His Majesties Pleasure I continue Your Lordships Servant LANERICK York 24th of September 1640. And now the King was in a great strait what to resolve on Most of all the
sent to Scotland to inform them of all had passed betwixt him and the Two Houses whose account of the state he found things in follows in a Letter to my Lord Lanerick My much honoured Lord who informs about the State of Affairs there WHen I arrived here your Brother was in Argyle but upon knowledge of my coming came himself and brought that Marquis with him to Hamilton whither the Chancellor went likewise and there I attended all three I found them with the same Affections and Desires your Lordship left in them but as they conceive not so able to Act as they were then They apprehend the Parliament of England will be much higher in their Demands than at that time as understanding now both the Kings Power and their own which were then but upon forming and promised a greater Equality The Kings two Messages to the Parliament have likewise so discredited His Majesties Affairs in this Country that they fear many forward enough before will now unwillingly engage in any way which may displease the Parliament yet they are resolved to do their best and I believe say little less in this inclosed Letter signed by all three His Majesty must expect in point of Religion to be prest for Vniformity in Church-Government and if His Majesty may be moved to publish some handsome Declaration satisfactory in that point it would infinitely advance all his Affairs in this Country and from hence have a powerful influence upon that The Parliament hath gained much here by their last Vote and there is a very fine Answer expected to their last Message sent by the Lord Maitland which will extraordinarily confirm the former Correspondence if the King do not something plausible in the same kind timeously and unconstrained the two Kingdoms will shut upon him in despight of what his best Servants can do Here is no Order for publishing His Majesties Declarations and great care taken to the contrary which occasions great prejudication in the common Peoples minds and were very fit to be amended I am looked upon here with great Iealousie yet it lessens because they see I am not busie I am advised by your Brother and the rest for avoiding of suspicion to go up to Court which having dispatched some particular business I have of my own I am resolved to do They have entrusted me with these particular Queries of which they desire His Majesties Resolution if your Lordship find opportunity you may acquaint His Majesty with them They desire likewise your Lordship may be sent down with a Letter to the Commissioners full of Confidence and allowing them all Freedom in their Consultations In respect of this great Meeting your Brother cannot make his Iourney to Holland no Act of that nature being now to be done their Opinion and Authority not consulted but I find them all right set in the thing and truly so respective to the Queens Person it did my Heart good to hear them All the Lords Conservators which are with you will receive Summons but it is not desired they should come down and truly I believe their Presence will do more hurt than good I must intreat your Lordship to acquaint His Majesty with these Particulars to receive his further Commands and convey them to My Lord Your Lordships faithful humble Servant M. MVRRAY Edinburgh 10th Sept. 1642. POSTSCRIPT The King must send to New-Castle Directions concerning his Ships for their Victuals are quite spent my poor opinion is they should be sent to Holland where they may be safer and attend the Queen What the Queries mentioned in this Letter were appears not to the Writer but for the Letters and Declarations the King sent to Scotland they are all of one strain and because the clearest and fullest was sent the next Summer I shall refer all to that which shall be set down in its proper place Only I have here inserted an account of the Kings Affairs with the Two Houses written by Lanerick to one in Scotland whose Name I find not set down but believe it was to Mr. Murray and corrected with His Majesties Pen in some places SIR AS you desired me I moved His Majesty for a Copy of the last Message to the Houses of Parliament which you will herewith receive An account oâ— Affairs in England His Majesty hath not as yet had any Answer from them but we are informed here His Messengers have been far otherwise received than he expected since they were the Carriers of so good a Message for the Earl of South-Hampton a better Poster than the Earl of Dorset came to the House upon Saturday last and as he was going to take his place he was called to to withdraw He said he had a Message to deliver them from His Majesty but received no other Answer than still a Command to withdraw which at last he obeyed then they sent the Black Rod to him requiring him to send the Message to them by him which he refused having Commands to deliver the Message himself to the House But they again pressed it yet he still refused at last they declared that if any Evil did arise from the not delivering of his Message they were free of it whereupon he sent it to them by Mr. Maxwell to which he received no other Answer than their absolute Command immediately to remove from Town The House of Commons were something more favourable to Sir John Culpeper who after some Debate was admitted into the House though not to his Place but as I am informed delivered his Message at the Bar and thereafter was commanded to withdraw It was then taken into Consideration whether or not he should any more be admitted as a Member of that House which was voted in his favours so that it is like their Answer will be returned by him which I hear will only be to let His Majesty know that so long as his Proclamations are out against the Earl of Essex and such others their Adherents of whom they account themselves to be as Traytors and the Standard up for raising of Men to suppress them they account themselves as out of His Majesties Protection and so incapable to Treat By this the World will see whether His Majesty or they be the occasion of this War and of all the Blood which is like to be shed in this unfortunate Kingdom His Majesty hath left no means of Accommodation unessayed for he hath even descended to make the first Offer of a new Treaty so careful is He of His Subjects Lives that for their Safeties He is even prodigal of His Own Honour and certainly he hath not a Subject that hath Honour but will be sensible of the Extremities he is now reduced into I wish our Countrymen may take it so to heart as not to neglect this occasion of witnessing their Affections to His Majesty by making some Overtures for such a Treaty or offer of their Service to Him since His Majesty is absolutely resolved to send no
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
to give a full and particular Answer to every Branch of them But the more He considers the nature of them together with the high Importance and variety contained therein not without some ambiguity as well in the several Propositions as also in comparing the one with the other so much the more He finds it necessary to desire the help of Explanation Debate and Conference concerning some of them as he touched in His Paper whereby His Vnderstanding may be informed in those things which as yet are not clear to Him His Reason may be more fully convinced and His Conscience so satisfied that without offence to either of them He may make such a particular distinct Answer as may best attain His Desires of satisfying them and though for the present His Majesty at this distance from His Two Houses wants the view of many necessary Papers and other Assistances yet at what disadvantage soever He will apply Himself to give all the satisfaction that is in His power desiring He may not be mis-interpreted in any thing He shall say or omit His Majesties Answer to the first Proposition is That upon His Majesties coming to London He will heartily joyn in all that shall concern the Honour of His two Kingdoms or the Assembly of Estates of Scotland or of the Commissioners or Deputies of either of them and particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same tenderness will look upon those things which concern His Majesties Honour Concerning all the Propositions touching Religion His Majesty says that He has often and solemnly professed His Opinion concerning Episcopacy to which He refers Himself yet considering the present Distractions about Religion which are so great and of that nature that Perswasion as well as Power must be used to restore that happy Tranquillity which the Church of England hath lately and miserably lost for certainly Violence and Persecution never was nor will be found a right way to settle mens Consciences His Majesty proposes that He will confirm the Presbyterian Government for Three Years being the time set down by the Two Houses that is to say that during the said time the Church be governed by Classical and Congregational Elderships National and Provincial Assemblies with their respective Subordinations with such Forbearance to those who through scruple of Conscience cannot in every thing practise according to the said Rules as may consist with the Rule of the Word of God and the Peace of the Kingdom and that the Office of Ruling-Elders the Power of Elderships to suspend from the Sacrament of the Lords Supper ignorant and scandalous Persons be all settled by Act of Parliament for the aforesaid Term as also that the Directory be by the same way authorized for the same time so that His Majesty and His Houshold be not hindred from using that Form of Gods Service which they have formerly done and also that in the mean time and with all convenient speed a Committee be chosen of Both Houses to have a free Consultation and Debate with the Assembly â—f Divines being also willing the said Assembly shall be authorized to sit for the space of the said Three Years twenty more being added of His Majesties Nomination how the Church shall be settled and governed at the end of Three Years or sooner if Differences may be agreed Also it is to be understood that those Committees shall have no Power but of hearing debating and reporting the better to prepare all these Differences for the Determination of His Majesty and the Two Houses To the Seventh and Eighth Propositions His Majesty will consent To the Ninth Proposition His Majesty doubts not but to give good satisfaction when He shall be particularly informed how the said Penalties shall be levyed and disposed To the Tenth His Majesties Answer is That He is and hath been always willing to prevent the Practices of Papists and therefore is content to pass an Act of Parliament for that purpose as also that the Laws against them may be duely executed His Majesty will give His consent to the Act for the strict Observance of the Lords Day for the suppressing of Innovations and those concerning the Preaching of Gods Word and touching Non-residencies and Pluralities And His Majesty will be willing to pass such an Act or Acts as shall be requisite to raise Moneys for the payment and satisfaction of all Publick and past Debts expecting that His also will be therein included As to the Proposition concerning the Militia though His Majesty cannot consent to it in terminis as it is proposed because thereby as He conceives He wholly devests Himself of the Power of the Sword intrusted to Him by God and the Laws of the Land for the Protection and Government of His People and placeth the same in effect for ever in the Two Houses of Parliament thereby at once disinheriting His Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weakening Monarchy in this Kingdom that little more than the Name and Shadow of it will remain yet if it be only Security for the preservation of the Peace of this Kingdom after these unhappy Troubles and the due performance of all the Agreements that now are to be concluded which is desired which His Majesty always understood to be the case and hopes that â—erein He is not mistaken His Majesty will give abundant Satisfaction to which end He will consent by Act of Parliament That the whole Power of the Militia both by Sea and Land be in the Two Houses for the space of Ten Years and afterwards to return to its proper channel again as it was in the time of Queen Elizabeth and King James of blessed Memory And now His Majesty conjures His Two Houses of Parliament as they are English-men Christians and Lovers of Peace by the Duty which they owe to Him their King and by the bowels of Compassion which they have to their Fellow-Subjects that they will accept of these His Majesties Ofâ—ers whereby the joyful News of Peace may be again restored to this languishing Kingdom His Majesty will grant the same to the Kingdom of Scotland if it be desired touching the conservation of the Peace betwixt His two Kingdoms Touching Ireland His Majesty will give full satisfaction as to the managing of War and for Religion as in England Touching the mutual Declaration proposed to be established in both Kingdoms by Act of Parliament and the Qualifications Mollifications and Branches which follow in the Propositions His Majesty truly professes that He does not sufficiently understand divers things contained therein but this He sufficiently knows that a General Act of Oblivion is the best Bond of Peace and that after intestine Troubles the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons with none or very few Exceptions whereby the numerous Discontentments of
have so often sworn and said Your Majesty would never condescend to will now be granted therefore they will give no credit to what I shall say thereafter but will still hope and believe that all their Desires will be given way to thinking as they have often said that I had Power to condescend to more but would not that I might endear my self to Your Majesty and be thought a deserving Servant in procuring more than you was content to accept of and so will for this cause stand upon those Points with me which they would not doe with any other who they could not but believe would freely grant to oblige them all such things as he had Power from Your Majesty to grant and trust him when he said he could go no further and so rather accept of that than adventure on a new Breach The rage and malice of the People is such against me that I am not onely advertised but advised from many amongst them who pretend to love me not to come into the Kingdom imployed as a Commissioner for it will be impossible for me to escape Affronting if I do with my Life I do not mention this out of a care to preserve it with the prejudice of Your Service but I know Your Iustice and Goodness is such that You would not suffer that Injury to go unpunished which would consequently bring alongst with it the losing of Your Majesties End of establishing this Business in a peaceable way If Your Majesty should longer continue me Your Commissioner it would confirm in them the Opinion which hath already possessed them that Your Majesty intends to govern that Kingdom by a Commissioner which is not more grievous to the Covenanters than it is to the Officers of Statâ— Whereas on the contrary if Your Majesty make choice of a New one they will think it is onely for the present Service and so rest both of them secure in that point and Your Service consequently go the smoother on for they will fancy if it prosper in my hands that then I may like the Employment so well as I would not willingly quit it but if it miscarry then neither I nor any other would be desirous to undergo that Charge and so they be freed of a Commissioner I am thought to have been a chief Instrument in moving Your Majesty to resent their Carriage in such sort as you have done which will cause in them for my sake not onely a Dislike of all that shall pass through my hands but even an Vndervaluing or at least not that hearty Acknowledgment of such Favours as Your Majesty conferreth on them which they would doe if another were imployed whom they would endeavour to gain for their own ends and hoping to make him theirs would not onely seem to be contented but endeavour to make Your Majesty the World and himself believe they were so Whereas on the contrary they would be ever repining and not give that obedient Acquiescing if I be continued as otherwise would be if any other were imployed If Your Majesty should at this time continue me Your Commissioner they would apprehend that I might resent the many particular Injuries done me and so be a mean to work them prejudice if it were but to revenge my self which will not onely cause Iealousie in them but an earnest endeavouring to make me incapable to prejudice them which cannot more easily be effected than by frustrating and crossing my Intentions of serving Your Majesty Whereas if another be imployed they will not apprehend it to be in my Power to prejudice them and so be free'd of that Fear and consequently give way to those things in another Mans person which they would not doe if I be still imployed They know that I am so well acquainted with their Ways and Proceedings and that my Heart is so streight to Your Majesties Service that I will not conceal any thing from You either of their by-past Actions or any thing that shall be done of new Whereas if Your Majesty imployed another they will be in hope that what is past is not so well known to him and so will be forgot or if remembred by me it will serve to no end I being out of Place and that perhaps he will be more sparing of speaking than I have been or that he is to be gained to their Party for which end hoping he may prove for the future useful to them they may comply with him for the present in divers things which they would not doe if I be continued There are so many of Your Majesties Subjects of all sorts whom I have persuaded to resist the Ways of the Coâ—enanters to their great prejudice that I shall be infinitely pressed by them to move Your Majesty for their Relief and I challenged of my Promise that whosoever suffered for that Cause Your Majesty would restore to the full to them the doing whâ—reof would draw on Your Majesty a great Charge and if they find it not performed to them by me continuing Commissioner it is probable they will then joyn with the Covenanters whereas if Your Majesty imploy another they will not know so well how to address themselves to him nor be in despair of obtaining it hereafter and so continue still in the way they are in This Work will make me I fear eâ—en lose Your Majesties Favour for I know it is so odious to You that I have cause to apprehend that You will not like the Actor or though Your Goodness will permit You to look upon him because what he did was by Your Command yet it may be imagined that Your Honour will oblige You not to seem to care for him Sure I am of this that whereas I am now perfectly hated by all Your Subjects who have withstood Your Majesty if it shall please you to lay this Employment upon me I shall hereafter be by all who wish Prosperity to Your Affairs in both Kingdoms and where or how I may be called to an account for this Vndertaking I know not and a business of that nature I take it to be that a Pardon ought humbly to be begged before it be meddled in seeing it is an Act so derogatory to Kingly Authority Give me leave humbly to represent unto Your Majesty if it be fit either for an Honest man or a Gentleman to be made the Instrument of doing that which he hath so often in publick and private condemned in so high a degree and withstood to the certain loss of most of my Country and many of Your Majesties Court and Kingdom of England Nor can I ever hope to live without perpetual Accusations of such who will find themselves grieved by that which will be done for not dissuading Your Majesty from this course or at least for accepting that Employment and proving Your Instrument therein This I could enlarge for much thereof I have already heard but I have presumed too much yet I hope Your Majesty will pardon me
passed over with some Troops and they were encountred by three Troops commanded by Wilmot whom after a little Dispute they routed their Officers were taken Prisoners and some were killed And after this the whole Body of the English Army that lay there marched to Newcastle which consisted of 2000 Horse and 9000 Foot the Disorder among them was the greater The English Forces are routed and flie at Newburn because the Lord Conway who Commanded had gone that day from the Camp to Dine at a place about a miles distance called Stella The Scots continued passing till it was late and lay in the Fields all night next day they marched towards New-Castle and were beginning to be in some strait for they had driven as many Cattle out of Scotland with them as served hitherto for their Provision and were resolved to take nothing in England but for payment which would have been a vast charge to them They purposed therefore to summon New-Castle and in case it yielded not to threaten to burn all the Coaleries which lay on the South-side though they designed not the executing of that for fear of making the Rupture beyond remedy But as they were marching doubtful what Course to take they met a Scotchman who had been a prisoner at Durham he told them how that morning by six a Clock all the English Forces had marched throw Durham in great haste whereupon they went forward and found New-Castle open to them and there they took up their Quarters and found great Magazins of Provision which the King had laid in for his Army and by those they maintained their Army a great while This Loss and Affront went very near the Kings Heart who begun to fear this years Success as much as he had done the last After this the Lords of the Covenant wrote the following Letter to the Earl of Lanerick by one Cathcart Noble Lord AS we have ever professed and declared as well by our Words as Actions that the Grounds of our Desires are and ever shall be the redress of Wrongs and reparations of our Losses and that we will never leave off in all humility to Supplicate His Majesty for the same so this hath moved us now being come this length yet again humbly â—o Petition His Majesty to take our Case to Consideration and grant our Desires We are debarred from sending or carrying our Supplications in the ordinary way which makes us have our Address to your Lordship Intreating your Lordship in our Names to present this our Petition herein inclosed to His Majesty and in all humility to beg an Answer thereunto to be sent with the Bearer to us who shall ever endeavour to approve our selves His Majesties Loyal Subjects and most unwilling to shed any Christian Blood far less the English whereof we have given very good prooff by our bygone Carriage to every one who hath with Violence opposed us yea even to those who entred in Blood with us and were taken Prisoners whom we have let go with Meat and Money notwithstanding that all those of ours who did but deboar'd from their Quarters are miserably massacred by these whom we can tearm no otherwise than Cut-throats Our behaviour to these in New-Castle can witness our Intention which is to live at peace with all and rather to suffer then to offend We bought all with our money and they have extortioned us to the triple value the Panick fear made most of them leave the Town and stop their own Trade but we have studied to solve their doubts As all our Actions shall ever tend to that which is Iust and Right so we could wish they were interpreted to a true sense and whatever may be the event of business we hope the blame shall not lie upon Your Lordships affectionate Friends to serve you Signed Rothes Cassilis Dumferline Lindsay Lowdon Napier Tho. Hope W. Richarton J. Swith P. Hepburn D. Hoom Keir Ja. Sword J. Rutherford Leager beside New-Castle 2d September 1640. POSTSCRIPT We intreat Your Lordship to let the Bearer have a Pass for his safe Return to us The Petition inclosed was presented by him to His Majesty which follows To the Kings Most Excellent MAJESTY The Humble Petition of the Commissioners of the late Parliament and others of His Majesties Loyal Subjects of the Kingdom of Scotland They Petition the King Humbly Sheweth THat Whereas after our many Sufferings the time past extreme necessity hath constrained us for our Relief and obtaining our Humble and Iust Desires to come into England where according to our Intentions formerly declared we have in all our Iourney lived upon our own Means and Victuals and Goods brought a long with us and neither troubling the Peace of the Kingdom nor harming any of Your Majesties Subjects of whatsoever quality in their Persons or Goods but have carried our selves in a most peaceable manner till we were pressed by strength of Arms to put such Forces out of the way as did without our deserving and as some of them have at the point of death confessed against their own Consciences opposed our peaceable passage at New-burn on Tine and have brought their Blood upon their own Heads against our purposes and desires expressed in our Letters sent unto them at New-Castle for preventing the like or greater Inconveniences And that we may without further opposition come into Your Majesties Presence for obtaining from Your Majesties Iustice and Goodness satisfaction to our just Demands we Your Majesties most Humble and Loyal Subjects do still insist in that submiss way of Petitioning which we have keeped since the beginning and from which no provocation of Your Majesties Enemies and ours no adversity that we have before sustained nor prosperous success can befall us shall be able to divert our minds Most humbly intreating That Your Majesty would in the depth of Your Royal Wisdom consider at last our pressing Grievances provide for the Repairing of our wrongs and losses and with the advice and consent of the Estates of the Kingdom of England convened in Parliament settle a firm and durable Peace against all Invasion by Sea or Land that we may with chearfulness of heart pay unto Your Majesty as our Native King all Duty and Obedience that can be expected from Loyal Subjects and that against the many and great Evils which at this time threaten both Kingdoms whereat all Your Majesties good and loving Subjects tremble to think and which we beseech God Almighty in mercy timeously to avert Your Majesties Throne may be established in the midst of us in Religion and Righteousness and Your Majesties Gracious Answer we humbly desire and earnestly wait for The King having considered their Petition commanded my Lord Lanerick to write the following Answer Dated at His Majesties Court at York the 5th of September 1640. His Majesties Answer HIS Majesty hath seen and considered this Petition and is Graciously pleased to return this Answer by me that he finds it in such general terms
Hearts to yield much more than the Authority of the Kings Commands who having got notice of it from the Earl of Lindsay wrote down to Scotland peremptorily commanding them to desist from any such pursute if it were begun requiring also his Advocate to appear for them in His Majesties Name if they were pursued The Earl of Lanerick wrote to the King what follows May it please Your Majesty I Shall here Humbly presume to let Your Majesty know that before any of Your Scotish Servants who lately parted with Your Majesty at Oxford Lanâ—rick 's account of Affairs to His Majesty could possibly come hither the Chancellour had made his Report to the Council and Conservatours of the Treaty and Mr. Henderson to the Commissioners of the General Assembly of their Employments to Your Majesty where Your Answers to their Desires were found not satisfactory and thereafter Your Majesties Council Commissioners for the Treaty and Common Burdens having joyned together for giving of Security for such Moneys as should be levyed for the Maintenance of Your Majesties Scotish Army in Ireland they thought fit without admitting of any delay until Your Majesties Pleasure were known to call a Convention of the Estates as their several Acts and Proclamations to that effect here inclosed will more particularly shew Your Majesty And for the present Your Majesties Servants who came lately hither having only met with three or four of those whom Your Majesty appointed them to consult with have thought fit to advise with some others of the same Affection and Forwardness to Your Majesties Service before they presume to give Your Majesty any Advice upon the present Occasions being matters of so great Weight and so highly concerning Your Majesties Service but they have taken the readiest and most speedy Course they can think upon for Meeting and Consulting with them and thereafter are immediately to return hither from whence they will with all diligence offer unto Your Majesty their humble Opinion In the mean time I have dispatched Your Majesties Letters to such Noblemen and Burroughs as Your Majesty was pleased to direct me shewing Your Resolution of preserving here what you have been pleased so Graciously to establish in Church and State not having been able to deliver Your Majesties Letter to Your Council who were dissolved before my coming and my Lord Chancellour is gone out of Town without whose Appointment there can be no extraordinary Meeting so that I believe Your Majesties Gracious Declaration to Your Scotish Subjects cannot be published before that time nor till then can I be able to give Your Majesty any further account of Your Affairs here though in the mean time I shall study to serve Your Majesty faithfully according to the Duty of Your Majesties Most humble and most faithful and most obedient Subject and Servant LANERICK Edinburgh 18th May. 1643. In the end of May there was a Meeting of about thirty Noblemen where these two Questions were proposed The Lords consult what to advise His Majesty First if it were fit for the Kings Service that the Convention should be suffered to hold Next if it held whether those who were well-affected to the Kings Service should fit in it There were three or four Days spent in debating upon these Heads some moved that since by the calling of this Convention the other Party had so far encroached upon the King they should presently break with them this Motion came chiefly from other Lords who would not come to that Meeting But it was answered that the King as he would not give Commissions for raising an Army in England till he knew the Parliament had first done it on their side so it was his positive Pleasure that his Party should not make the first Breach which the King judged so much for his Honour that no Consideration could move him to dispense with it yet these who made that Proposition were desired to lay down ways how it could be made effectual since it was Madness and not Courage to hazard the Ruine of the Kings Service and Friends without at least a likelyhood of being able to carry it through with some Success All things being examined it was concluded that the following Message should be sent to His Majesty which was set down in a Paper dated the 5th of Iune but because of the War in England they committed it verbally to a Trusty Bearer lest it had been intercepted A Convention was indicted by the Chancellour and such others of the Council as have signed His Majesties Letter thereabout with the Advice and Concurrence of the Committees for conserving the Treaty and Common Burdens to be kept at Edinburgh the 22th of June whereby it is conceived His Majesty suffers exceedingly in His Regal Authority in the Calling thereof without his Special Warrant A Proclamation for the Indicting thereof is likewise issued forth in His Majesties Name expressing a danger to Religion His Majesties Person and the Peace of this Kingdom from Papists in Arms in England which in that appears to be contrary to His late Declaration sent to Scotland Hereupon divers Noblemen and Gentlemen well-affected to His Majesties Service met at Edinburgh and after three or four days Debate considering the exigency of Time the present posture of Affairs and the disposition and inclination of the People of this Country did not conceive it fitting that His Majesty should absolutely discharge that Meeting which certainly would be kept notwithstanding of any Discharge from Him which would both bring His Authority in greater Contempt and lose more of the Affections of the People whereby the Power of His Majesties Servants would be lessened but rather that His Majesty should so far take notice of the Illegal Calling thereof and His Own Suffering thereby that the same remaining upon Record may be an evidence to Posterity that this Act of theirs can infer no such Precedent for the like in the future but afterwards His Majesty or His Successors may Legally question the same And that His Majesties Servants here may be better enabled and strengthened with the assistance of others of His Majesties faithful Subjects who truly and really intend nothing but the Security of Religion as it is here established and are altogether averse from and against the Raising of Arms or Bringing over the Scotish Army in Ireland whereby His Majesties Affairs or their own Peace may be disturbed they conceive it fit that His Majesty should permit this Convention to Treat and conclude upon such Particulars as may secure their Fears from any danger of Religion at home without interessing themselves in the Government of the Church of England And in respect that the Two Houses of Parliament have not sent Supplies for Entertaining the Scotish Army in Ireland whereby they may have some colour or ground for recalling them it is conceived necessary that this Convention should have a Power from His Majesty to advise and resolve upon all fair and Legal wayes for Entertaining the
presently but four hundred thousand were Voted to them and only one hundred thousand presently and upon this they stood long The Two Houses having on the 24th of September Voted that the Kings Person should be demanded from the Scotish Army their Commissioners at London gave in long Papers against that The Scotish Commissioners at London complain of the Kings ill Usage and the harsh Votes of the Two Houses which were Printed and so need not be here inserted In them they shewed That the King being Soveraign of both Kingdoms was not to be disposed by the Parliament of one Kingdom That this was destructive to the Relation and Interest the Scotish Nation had in Him and contrary to the nature of Soveraignty and to the Covenant and Treaties of both Kingdoms by which it was agreed That His Majesties just Power and Greatness should not be diminished which by such a Demand of His Person was very signally done It was also agreed that all things in order to Peace to which the Disposal of the Kings Person did relate in a signal manner should be done by the Ioynt Councils of both Kingdoms After this in the Month of October begun the Treaty betwixt the Scotish Commissioners and the Committee appointed for that end by the Two Houses of Parliament Many Conferences are betwixt the Two Houses and them which was managed in the Painted Chamber in the presence of all the Members of the Two Houses The Scotish Commissioners who were the Earls of Lowdon and Lauderdale and the Lord Wariston declared in all their Papers and Speeches that they were not to Treat about His Majesties Person nor the Disposing of it but only about the Removal of the Army the Delivery of those Garrisons that their Army had in England and the Payment of Arrears due for their Armies both in England and Ireland and they continued to press that whereas the Two Houses had in all their former Declarations laid the blame of the Breach betwixt the King and them on His Majesties Withdrawing from His Parliament that therefore they would invite His Majesty to come with Honour Freedom and Safety to some of His Houses in or about London in which they still insisted to the last And so far were they from Treating about the Disposing of His Majesties Person that in the end of their Treaty when they had finally agreed on all things it was expresly declared in the first Article of the Treaty that pass'd under the Great Seal that nothing relating to the Kings Person was concluded on by it so that after that was ended the Scotish Parliament might have still preserved the King and brought him with their Army to Scotland But the Houses turned the Propositions to Bills The Houses press a speedy Answer to their Propositions and passed a Vote that new Commissionerâ— should be sent to the King with the concurrence of those of Scotland to press a satisfactory Answer with this Sanction that if it were not granted they should be forced to look to the Security of His Person And the English Army fell upon a most destructive Resolution of adjourning the Parliament neither were they over-awed by any thing so much as the fear of the Scotish Army The great point now debated in the Councils of Scotland was whether a final Settlement with the King should be the Condition of the Armies Retiring or not The Duke with all his Friends pressed this vigorously as that which was agreed on by their Covenant and Treaties But the Church-men still influenced all Counsels and finding the King irreconcileable to their Way were still full of their Jealousies of Him and it was said down-right that they ought not to meddle betwixt the King and the Parliament of England but leave Him and them to their own Counsels so strangely did their Language vary from what it was Anno 1643. At this time the King sent Mr. Murray of the Bed-Chamber to London Mr. Murray is sent by the King to London who carried another Message but it was so displeasing that it served only to put his Neck to a new hazard for the Kings Service and he durst scarce stir out of doors all the while he was there In the beginning of November a new Session of the Triennial Parliament of Scotland did hold The Parliament of Scotland meets but little was done for some Weeks save that there came to them a Remonstrance from the Assembly wherein in the first place Complaints were made of the Committee of Estates for their Agreement with Montrose and his Followers which was represented as a great Crime especially they being excommunicated Next they complained of His Majesties constant adherence to Prelacy and of the danger Religion was in by the Malignants for so was the Kings Party then called who were beginning to set up their Heads again wherefore they recommended to their Care both the Preservation of Religion and of the Treaties with England Upon this the Transaction of the Committee of Estates in the Agreement with Montrose was examined and it was put to the Vote Approve or Exoner them only the former was carried by twenty Votes but all the Pulpits thundered against it wherefore to stop the mouths of the Ministries it was enacted That in any Treaty that should be thereafter with those who were in Arms the Commission of the Kirk should be consulted about the Lawfulness of the Conditions For at this time both the Marquis of Huntley was in Arms in the North and Antrim was also come over to Kintyre in Iuly the former year and continued still there His Majesty sent Mr. Robert Lesley with Orders to my Lord Huntley for laying down of Arms with whom he wrote the following Letters to the two Brothers Hamilton A Trusty Messenger requires but a short Letter and brevity is the more convenient for Me who have much to do and but few helpers wherefore I shall say no more but hear and trust Robin Lesly for he is come from Your most assured real faithful constant Friend CHARLES R. Newcastle Nov. 12th 1646. Lanerick HEaring that Marquis Huntley expects My Commands for his laying down of Arms I have thought fit to send this Trusty Bearer Robin Lesly to him but thought it necessary to address him first to you that you in My Name might acquaint the Parliament with this My Intention which if they approve of he may go on accordingly if not there is no hurt done Yet howsoever I have expressed My Desire for the Peace of the Country but in case they shall permit Robin to obey My Commands then I expect that they give him Power to assure Huntley of the same Conditions that he might have had before All which I command you to represent to My Parliament in My Name leaving the particular expressions to you having only set down the sense Other things I have intrusted little Nobs to tell you too long for a Letter but of no small Consequence by which at
least you will find that according to My Professions I am Your most assured real constant Friend CHARLES R. His Majesty also expressed His Concerns for Traquair in the following Letter Lanerick ALbeit I am confident that you will further all My Friends Affairs yet I must not be so negligent in Traquair's behalf as not to name his business to you for admittance to his Place in Parliament of which I will say no more but you know his Sufferings for Me and this is particularly recommended to you by Your most assured real constant Friend CHARLES R. Newcastle 17th November 1646. POSTSCRIPT I account writing to you or your Brother all one They consult in Scotland how to dispose of their Armies But the main Business was what to do with their Armies that were in England The Kingdom was groaning under a heavy and unsupportable Burden for their Maintenance so disbanding was a very plausible Motion and all desired that only such Forces should be kept up as were necessary for the Preservation and Security of Scotland The Duke and his Brother regrated much that so many Gallant Men should be disbanded who might be very useful for the Kings Service therefore they opposed all these Propositions arguing that till a final Peace were settlâ—d in England they might look for no Security to Scotland And in their Letters to His Majesty they continued to represent the desperate estate of Affairs if he did not quickly satisfie them in the business of Religion and that the Money for the Pay of the Army was now coming in daily at London and would be quickly ready and after that was sent down they could not keep the Army any longer in England without a present Breach to which they found no inclinations in the Scotish Parliament as long as they were not satisfied in what was so earnestly desired But the King was firm to his first Resolution Master Lesley at his return to the King brought him such assurances of the Affection and Duty of both the Brothers that the next Dispatch carried the following Letters to them Hamilton I Remember yet so much Latine as an old Proverb comes to which is quod valde volumus id sacile credimus This I apply to Robin Lesley's report of your Carriage in My present Service concerning which I will only say that you shall not more certainly make good what he hath promised Me in your Name than I will to you what he hath said in Mine and even in something by way of speaking beyond My Power I doubt not but to make it good as concerning your French particular But I shall leave all things not only of this nature to this honest Bearers relation but likewise whatsoever else may concern the Service of Your most assured real faithful constant Friend CHARLES R. Newcastle 24th Nov. 1646. Lanerick I Have according to your Advice given a quick Return to this Trusty Bearer having instructed him fully in what I conceive necessary to My Affairs wherein in many things I have given him a Latitude to govern them according to your Directions wherefore I will say no more because if I should enter into Particulars I would not know how to end but that with Contentment I find daily more and more cause to be Your most assured real constant Friend CHARLES R. Newcastle 24th November 1646. POSTSCRIPT I recommend particularly the Earl of Morton's Affairs Matters were now ripening unto much Confusion and Mischief which made His Majesty think of a full Answer to the Propositions but before He sent it to London He communicated it to my Lord Lanerick in the following Letter Newcastle 4th Decemb. 1646. Lanerick The Kings Letter about His Answer to the Propositions ACcording to My Promise by little Nobs I send you here inclosed the Answer which I have resolved to send to London wherein you will find a Clause in favour of the Independents to wit the Forbearance I give to those who have Scruples of Conscience and indeed I did it purposely to make what I send relish the better with that kind of People But if My Native Subjects will so countenance this Answer that I may be sure they will stick to Me in what concerns My Temporal Power I will not only expunge that Clause but likewise make what Declarations I shall be desired against the Independents and that really without any reserve or equivocation yet know that no Perswasion or Threatning whatsoever shall make Me alter a tittle of any thing else in it nor that neither but upon these Assurances The end therefore why I send you this before it go to the English Parliament is to try before-hand how I can procure it to be countenanced by My Scotish Friends for which you are to use all possible industry not seeking a full Approbation but taking what you can get absolutely commanding you not to hazard it in a Publick Way unless you be sure that I shall receive no rub in it For this I conceive it were a wrong to you to use any Arguments to make you do your best but to tell you this is Coup de partie assuring you that I shall not judge you by the Event but by your Endeavours which I am confident will be according to your Professions and for Gods sake do not so much as expect much less linger after any other or further matter from Me whereby to serve Me in this great Business for upon the Faith of a Christian you shall have no more than what is now laid before you And know that I rather expect the worse than the better Event of things being resolved by the Grace of God and without the least repining at him to suffer any thing that Injury can put upon Me rather than sin against My Conscience of which upon My credit you see the furthest Extent in relation to the present Affairs I say no more but difficilia quae pulchra and so God bless your Endeavours Your most assured real constant Friend CHARLES R. POSTSCRIPT In order to that I have written and sent you herein I have commanded this Trusty Bearer Sir James Hamilton to tell you as many things as I can remember whom I desire you to return to Me or some other Trusty Messenger assoon as you may with what I am to expect from thence The inclosed Paper is marked on the back by the Kings Hand thus The Answer to the Propositions which I have resolved to send to London which I insert because it is not among His Majesties Printed Messages His Majesties Answer to the Propositions tendered to Him by the Commissioners from the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. AS it is His Majesties chief desire to make such a Return to the Propositions The Kings Answer to the Propositions as may speedily produce a blessed firm and lasting Peace in all His Dominions so He hath employed His uttermost endeavours
the full as it is demanded neither will it be in the power of any in this Kingdom to prevent Affronts and Danger to Your Majesties Person if You should have any thoughts of coming hither Sir I take God to witness I write this with a sadder heart than I would receive a sentence of Death against my self and shall grieve more at the performance of that than I should at the execution of this upon Your Majesties most humble most faithful most obedient Subject and Servant LANERICK Edinburgh December 22th 1646. His Majesties last Message was presented to the Scotish Parliament His Majesties Message rejected in Scotland on the 23th of December by the Earl of Lanerick and backed by him with the warmest language that he could use but nothing that was new being offered by it a Compliance with it was not to be expected It was also sent to London and at London and first presented to the House of Peers whereat all even those who were best-affected hung their Heads and sent it down to the House of Commons without a word and there it met with the same Entertainment The next Debate was about the Kings Person and the mildest opinion was that He should be kept Prisoner some being for the excluding Him for ever from the Government And for the place of His Restraint some were for His stay at Newcastle but it was carried that He should go to Holmby And this passed without communicating it to the Scotish Commissioners But when He was ordained to be kept in Safety for His Person Henry Martin objected that the King had broken the Peace and why must the Parliament bind for His Safety Some moved to preserve His Person according to the Covenant and it was carried which was thought a great point For now it was esteemed that the Covenant was that which must preserve the King though His Ruine had been formerly imputed to it In the end of the year the Scotish Commissioners parted from London and it being moved in the House of Commons to send some with a Complement to them before they went with the Thanks of the House for their Civilities and good Offices those of the Independent Cabal argued much against that of good Offices done by them and reckoned many bad ones since the King went to Newcastle and it being put to the Vote it was carried by 24 Votes to dash out good Offices and only thank them for their Civilities And so all those Noble Characters they were wont to give of the Scotish Commissioners upon every occasion concluded now in this that they were well-bred Gentlemen Thus ended this present year but none saw an end of miseries like to come An. 1647. Anno 1647. IN the beginning of the next Year Commissioners were sent from the Parliament of Scotland Commissioners are sent to the King from Scotland to represent their late Resolutions to His Majesty On the 12th of Ianuary they presented their first Paper wherein they laid out all they could devise for the pressing a satisfactory Answer to the Propositions expressing with what earnestness all Men were waiting for it and that it would be received with more Ioy than had been ever seen at any Coronation in England But after they had delivered this Message and the 14th day was come wherein the King promised His Answer He told them He must be resolved of two things before He could give His Answer The first was if He was a Free-man or a Prisoner adding That if He were a Prisoner it was the opinion of many Divines that Promises made by a Prisoner did not oblige though He did not assert that to be His own sense the next was whether He might go to Scotland with Honour Freedom and Safety or not They declined long to give an Answer and in that Debate three hours were spent at length being put to it they delivered all their severe Message in the following Paper May it please Your Majesty And deliver the Votes of the Parliament WE are commanded by the Parliament of Scotland to represent to Your Majesty the many Inconveniencies will ensue upon Your Majesties Denial or Delay of Granting the Propositions concerning Religion and the Covenant and not giving a satisfactory Answer to the remanent Propositions and particularly to represent the Prejudice will thereby arise to the true Reformed Protestant Religion abroad and to the Reformation of Religion in these Kingdoms the Danger of Your Majesties Person and to Your Own and Posterities Government If Your Majesty not granting the Propositions concerning Religion and the Covenant and not giving satisfactory Answers to the other Propositions shall relinquish England we are commanded by the Parliament of Scotland to represent to Your Majesty That in that case they find it unlawful for them to assist Your Majesty for Recovery of the Government Your Majesty not granting the Covenant and Propositions as aforesaid We are commanded by the Parliament of Scotland to represent to Your Majesty That they find Your Majesties Coming to Scotland not granting the Propositions concerning Religion and the Covenant and not giving a satisfactory Answer to the remanent Propositions dangerous to the Cause to Your Majesty to Your Native Kingdom and to the Vnion betwixt Scotland and England and that the Kingdom of Scotland will be necessitated to take Course to prevent Your Coming Both Kingdoms will take Course for disposal of Your Majesties Person until such time as Your Majesty grants the Propositions or otherwise agree with Your Majesties Parliaments We are commanded to make known to Your Majesty that until Your Majesty grant the Propositions in manner fore-said or that some Course be resolved by both Kingdoms concerning the disposal of Your Majesties Person Your Majesty cannot be admitted to come or remain in Scotland with Freedom And in case Your Majesty do come we are commanded to represent to Your Majesty That the Kingdom of Scotland will be necessitated to put such Attendants and Guards about Your Majesties Person as may preserve You in Safety and Your Kingdoms in Peace and may prevent all Tumults Insurrections and Gatherings of Malignants We are further warranted to represent to Your Majesty That if You do not grant the Propositions concerning Religion and the Covenant and give a satisfactory Answer about the remanent Propositions the Kingdom of Scotland will be necessitated to continue the Government without Your Majesty as hath been done these years by-past Newcastle 14th January 1647. But the Answer they got shewed The King stands firmly to His Conscience that the King could not be threatned to the Doing of any thing He judged contrary to His Honour or Conscience His Majesties Answer being returned back to Edinburgh on the 16th of Ianuary which was Saturday it was debated in Parliament what should be done with His Majesties Person It is resolved to deliver up the King which the Duke and â—anerick much oppose All inclined to deliver Him up immediately to
the English Parliament at which Proposition the Duke and his Brother expressed their horrour with language so full both of Reason and Affection that nothing but violent and enraged Passion could have resisted it They said Would Scotland now quit a Possession of 1500 Years Date which was their Interest in their Soveraign and do it to those whose Enmity both against Him and them did now visibly appear Was this the effect of all their Protestations of Duty and Affection to His Majesty Was this their keeping of their Covâ—nant wherein they had sworn to defend the Kings Majesties Person and Authority Was this a suitable return to the Kings Goodness both in his consenting to all the Desires of that Kingdom An. 1641. and in His late trusting His Person to them what Censures would be past upon this through the whole World what a stain would it be to the whole Reformed Religion and in fine what Danger might be apprehended both to the Kings Person and to Scotland from the Party that was now prevalent in England But notwithstanding all this the Question was put in these words Whether they should leave His Majesty in England to the Two Houses there or not so softly did the prevailing Party present that infamous Business to the Vote of the Parliament The Dukes Vote was suitable to his Discourse and Temper being a Negative uttered with much grave and deep Sorrow but I shall set down Lanerick's in the formal terms wherein he expressed it As God shall have mercy upon my Soul at the Great Day I would chuse rather to have my Head struck off at the Market-cross of Edinburgh than give my consent to this Vote The Earl of Lindsay now Earl Crawford was President and so could not debate but as in the stating the Vote he expressed much honest Zeal so when it was carried in the Affirmative he dissented from it and to him those who had voted in the Negative did adhere But some of their Friends were accidentally absent others on design and some downright deserted them so that though there were divers who dissented yet they were far short of being able to ballance the Vote When all this was done Lanerick with a deep Groan said this was the blackest Saturday that ever Scotland saw alluding to a great Eclipse that was many years before on a Saturday from which it was still called the Black Saturday This being sent to the Commissioners at Newcastle did not at all shake His Majesty he being resolved not to yield to that no not at Holmby which He had refused at Newcastle The King is delivered and sent Prisoner to Holmby In the end of the Month the English Commissioners and Forces came down and the Arrears for the payment of the Army being delivered the Scotish Army withdrew and left the King in the hands of the English who presently sent him to Holmby And this is a free and faithful Relation of that great Transaction only in invidious Passages I have spared the Memories and Families of the unhappy Actors which is variously censured It was presently the matter of Discourse and Censure of Christendom and brought an Infamy on those who acted it which though an Indempnity could pardon yet no Oblivion was able to deface It was thought strange since the King had trusted himself to Scotland that they should have thus deserted Him What grounds Montrevil had for giving the King those Assurances did not appear and certain it is they were very slight ones and were only from single Persons but not from any Iunto or Judicatory But generous minds thought the Kings frank casting Himself into their hands was an Obligation beyond any Engagements they could have given And it was thought strange madness in those of Scotland to do it at that time since they saw the Independents prevailing whose Designs against the Kings Person and Monarchy had been faithfully discovered to them by some of their Commissioners at London and who were as little Friends to the Covenant and Presbytery as the King himself was so that considering their Power such a Strengthening of them brought Religion under a hazard of another nature than could have been apprehended upon their Accepting of the Kings Concessions But the Contradiction that this course had to the Covenant was so plain that none could avoid observing it for to make their King a Prisoner was an odd Comment upon their Defending of His Person and Authority and to do all that because he would not force his Conscience was judged a strange Practice from those who had so lately complained heavily against any appearance of Force upon Tender Consciences These were the Censures that generally passed on that Transaction the Kings stifness was also very much condemned and most men not understanding the strictness of a Tender Conscience thought it was Humour that swayed Him and judged that in the posture Affairs were then in He should have yielded to any thing how unreasonable soever rather than have so exposed Himself His Posterity and His Kingdoms to such visible hazards reckoning that no Form of Government that ever was deserved to be so firmly adhered to All persons looked for dismal effects from these Resolutions few thinking the Friendship betwixt Scotland and England would be lasting and all apprehended some strange Curse would overtake those who were active in this infamous Business Amidst these greater Reflections there were some who suspected the Duke had not acted in that Affair with that Candour and Zeal He expressed and this was chiefly founded on the base Votes of some of his Friends chiefly of one who had served him but was then a Lord. But as the tract of this Account hath cleared the whole Progress of his Negotiation so the visible affliction of his Mind which drew after it a great indisposition in his Body did abundantly refute these Calumnies And indeed that great Mind which did not succumb under the hardest Trials when it imployed its utmost strength was now reduced to the most pinching Straits and almost to desperate Resentments so that he repented his Stay in Scotland since he foresaw nothing but imminent Ruine to King and Country yet His Majesties opinion of his Zeal and Affection to His Service was at this time proof against all Whispers which appears by the following Letter Hamilton I Know it were needless to recommend this Bearer Will. Murray to you but that his Persecution at this instant for My sake is such that in a manner it even extorts these lines from Me to tell you that your hearty and real dealing to procure his waiting upon Me is a good occasion which I am confident you will not let slip to shew your constant zealous Affection to Your most assured real constant Friend CHARLES R. Newcastle 29th January 1647. Now it was that genuine Melancholy and Horrour dwelt in all the Dukes thoughts The Duke contrives how to turn Scotland to the Kings Service his Brother was too deeply prepossessed
over-â—wed both Parliament and City they began to levy new Forces but assoon as they withdrew from London the Citizens of London came in great numbers to Westminster and petitioned to have their Militia settled again according to their former Votes which being granted the Parliament next day was at liberty and the Secluded Members returned About the end of Iuly the Earl of Lauderdale going to wait on His Majesty who was then at Wooburn was not only hindred access but by the Violence of the Souldiers carried away and say or complain what he would of the Violation of the Treaty with Scotland and the Law of Nations by that Affront put upon a Publick Minister of another Kingdom he could not prevail but was forced to be gone After this the King was Voted to come to London But the Army instead of Obedience came thither again and by the interposition of some treacherous People got the City surrendred to them whereupon they marched through it in Triumph with Lawrels in their Hats and came to Westminster bringing with them the two Speakers and some other Members of their Party who had run away from the Parliament pretending Fear though no appearance of it had been in the Proceedings of the Parliament Fairfax was declared Captain-General of all England Constable of the Tower of London and Commander of all the Garisons and then they fell to the Purging of the House And besides the forcing the eleven Members to flee seven of the Lords were also impeached and all Orders that past in the absence of the Speakers were repealed yet this was not carried but upon a fortnights Debate Divers of the City of London with the Mayor and some Aldermen were likewise charged and imprisoned and all this was upon a general Accusation of their designs to raise a new War Those in Scotland being advertised by their Commissioners of all that passed failed not to make good use of it This is resented in Scotland to stir up the Affection and Duty of all to appear for His Majesty which prevailed generally and even the Ministers begun both from their Pulpits and by their Remonstrances to complain of the Prevailings of the Sectarian Party and of the Force that was put on the Kings Person But the old language of the Covenant and Presbytery was still in their mouths yet all were pretty forward for a real Resentment of the late Disorders in England Only Mr. George Gillespie who was indeed of good parts but bold beyond all measure withstood these Inclinations and represented that the greatest Danger to Religion was to be feared from the King and the Malignant Party He was suspected of correspondence with the Sectaries which some Letters in my hand written in Cypher give good grounds to believe Certain it is that he proved a very ill instrument and marred that great Design by which all former Errors might have been corrected Thus as the Duke and his Friends designs began to appear there was a violent Party no less careful to withstand them Therefore it was not judged fitting the Duke should leave Scotland his Service in it being greater than any he could do in England besides his being a Peer in England made him more obnoxious to their fury than any other Scotchman could be But His Majesties Concessions about Religion pinched them much and the Liberty offered to Tender Consciences did very much disgust the Scotish Clergy for in Scotland a Toleration was little less odious than Episcopacy and nothing but Presbytery would satisfie them In the end of August they sent Mr. Lesley to His Majesty to represent the State of Affairs in Scotland according to the following Instructions The Duke sends a Message to the King YOu shall shew what Endeavours have been used to incense this Kingdom against the Proceedings of the Army under the Command of Sir Thomas Fairfax witness George Windram 's Relation the Declaration of the General Assembly and the Voice of the daily cryes from the Pulpit You shall represent what Industry was used to precipitate a present Engagement upon the grounds of the Covenant and for Settling Presbyterial Government in England who were the pressers and who were the opposers of it You shall shew what Pains were taken by the moderate Party here to procure the sending of Commissioners to His Majesty and the Parliament thereby to procrastinate and delay all Resolutions till their return or a report from them which will probably consume the rest of this Summer and for this Year prevent a new War except upon eminent advantage You are therefore to represent how necessary it is for preventing Prejudices from hence that a free Passage and all other Encouragements be given to those who are now to be employed if that shall be refused or the Law of Nations in their Persons violated a Breach betwixt the Kingdoms cannot be longer prevented You shall shew that if it had not been for His Majesties Commands to the Moderate Party here a Scotish Army had e're this time been in England which so long as His Majesty is well used they are hopeful to prevent but if His re-establishing be delayed a greater Army than ever Scotland raised will own His Quarrel You shall shew that the Instructions now given to our Commissioners who Treat with the Parliament are only Generals the chief whereof is That His Majesty be again invited to come to London with Honour Freedom and Safety the delay whereof is exceedingly ill taken here and nothing would give so general satisfaction to this Kingdom nor more stop the mouths of Incendiaries than that His Majesty were so at London You shall shew that the Message that was to be sent to His Majesty was only to represent to Him the constant Affection of this Kingdom their longings to see Him re-established in His Throne their Resolutions never to withdraw themselves from under His Government and their Desires to know immediately from Himself in what Condition He is since the Safety of this Kingdom so much depends upon the Safety of His Person You shall shew that the Disorders in the High-lands are now composed and our Army is to be scattered in several quarters through the whole Shires of the Kingdom With these Instructions My Lord Lanerick wrote what follows to His Majesty Sir SInce eminent Advantages for Your Majesties Service could not at this time be procured but at the old rate of satisfaction in Religion and the Covenant our Study hath been to prevent Prejudices and Disservices wherein our endeavours have not proved unsuccessful though â—ven in that we met with extraordinary Opposition The Particulars will be shewed to Your Majesty by the Bearer with the humble sense and advice upon the whole as it now stands in relation to this Kingdom of Your Majesties most humble most faithful most loyal and most obedient Subject and Servant LANERICK Edinburgh 23th August 1647. To which His Majesty answered Lanerick I Very much like and approve of Robin
and persist in the Causes in the which you are now engaged contrary to the Declaration of the General Assembly and their Commissioners We do hereby certifie you that all who have been Active in the late Engagement as well those in England as those in this Kingdom and all such as have or shall hereafter joyn with you are to be declared Enemies to both Kingdoms and that this Kingdom will be necessitated to concur with the Kingdom of England for punishing them accordingly as breakers of the Covenant and Treaties We leave it to you seriously to consider whether the Ways and Courses you are upon be really for the good of the King and this Kingdom or a safe way for the relief of your Friends that are Prisoners in England Signed By Warrant and Command of the Noblemen Officers and Gentlemen now in Armes for the Covenant THO. HENDERSON Edinb 20th Sept. 1648. After some dayes treating upon the Heads wherein they differed the Treaty was finished upon the 26th of September those at Sterlin yielding to the Propositions made by the Whiggamors And it was agreed that the Irish Army should be suffered to march to Ireland and should have free Passage thither that none should be questioned for what was past only that all who had been in the Engagement should lay down their Offices and places of Trust and not be permitted to sit in any Judicatory and that all Publick Matters should be referred to the Determination of the Parliament and the General Assembly It was very soon after the closing of the Treaty remarked how small regard was had to it for the Troops being once dissipated and those who were to go to Ireland being on their March thither there came News that the Garrisons of Carrick-Fergus Belfast and Culrain belonging to the Scotish Army in Ireland under the Command of Major-General Robert Monro were basely betrayed under Trust by his own Officers and Countrey-men into the hands of General Monk for the Parliament of England This being spread about the people of the West Countrey fell upon those who were returning to Ireland plundered abused and dispersed them in their way betwixt Glasgow and Air and after a few days a Proclamation was issued out at Edinbourgh commanding all persons who had been in the Army designed by the name of the unlawful Engagement to remove at least twelve Miles from Town under pain of Imprisonment Cromwell being on his way thither And thus ended the design of the Engagement gallantly undertaken and well contrived but unfortunately and fatally brought to nothing The Whiggamors having now possessed themselves of the Power their Leaders did constitute themselves into a Committee of Estates for hitherto they had acted in no Legal Character There were divers among them who were by Authority of Parliament commissionated to be of the Committee of Estates but with this express Provision that they should not be capable of Sitting there till they had owned the Resolutions and Declarations of the Parliament for divers of those who dissented were named to be of the Committee that so there might be a fair way for bringing them off from their Opposition But now all these without regarding that Provision pretended they were a Quorum of the Committee of Estates and that so they were warranted by Authority of Parliament to Act in that Supreme Authority They sent a Message to the King in their usual style and were very careful to give no Umbrage to the Parliament of England and so not only entertained Cromwell with all the expressions of Friendship and Confidence imaginable delivering Berwick and Carlisle to him but sent Commissioners with the following Instructions to the Two Houses YOu shall repair to London and deliver our Letter to the Honourable Houses of the Parliament of England Their Instructions to the Two Houses You shall excuse the long delay in sending to them and in the mean time let them know we hold Correspondence with the Commander in Chief of their Forces You shall give them a Narrative of our whole Proceedings according to the Declaration of the Kirk and our own particularly you shall acquaint them with our Proceedings in opposition to the late unlawful Engagement and what Industry was used on the other part for the Election of Malignants to be Members of Parliament and how unlawfully some were admitted to sit in Parliament and great numbers of Malignants were brought in from England to over-awe the honest Party and how many of the Army were corrupted And you shall further represent particularly the great Sufferings and Oppressions of honest men and that before they heard any thing of the Defeat of the Forces under Duke Hamilton in England they had resolved on the manner and time of their Rising in Arms here in this Kingdom against the Promoters and Abettors of that Engagement and their Adherents You shall also shew them the result of the Treaty betwixt us and those Armies about Sterlin and how useful their Forces have been to us by being at so near a distance You shall endeavour to take away all Mis-information or Mis-constructions of any of our former Proceedings and settle a good Vnderstanding betwixt them and the honest protesting Party in Scotland and you shall show them the continued evil Principles Malice and Designs of the Malignant Party in this Kingdom yet to trouble our Peace and interrupt theirs and as they call it not to live and outlive the not carrying on so pious and loyal an Engagement and that some of them are going to Holland with an intention as we are informed to bring over Forces if they can therefore we have caused deliver Berwick to be disposed of for the Good of both Kingdoms and given the like Warrant for Carlisle and that it is also surrendred or presently to surrender for the use foresaid So we agree during these Troubles until the Peace of this Kingdom be settled that the Honourable Houses may keep some Forces upon the Borders and sufficient Garrisons in them both upon a twofold assurance First that in case any new Troubles be raised in Scotland by the Malignants both they and the Forces about Newcastle have Directions from the Parliament to come unto Scotland to pursue the Common Enemy when they shall be desired by the Committee of Estates as it is now constituted of the Protesting Party in Scotland and Secondly that the Parliament shall remove all Garrisons out of those two Towns and from our Borders and put them in the Condition agreed on by the Treaties betwixt both Kingdoms whensoever the Troubles are at an end and the Peace of the Kingdoms settled You shall shew how desirous and willing we are to harken to any good Overture that may conduce to prevent any such-like Breaches again betwixt the Two Nations and that it may not be in the power of Malignants again either to seduce or to enforce upon the People the like Sin and Snare and for mutual Consultation we think it expedient
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
is here said of these matters shall be It is well known that in Scotland the first Reformation from the corruptions of Popery was Popular without the concurrence or allowance of Supreme Authority though the Nobility for the most part joyned in it and the Preachers being the chief actors and prosecutors of it came to have great power over the People and interest with the Nobility The Ministers were popular and factious It continued thus during King Iames his Minority but no sooner came he to assume the Government and to consider the state of the Kingdom than he found the power the Ministers had with the People was swelled to such insolence that it was more than necessary to limit it to its just bounds for nothing passed in the Court or Council but their Pulpits did ring with it and no favour was shewed to any that were Popishly affected but Jealousies were infused into the minds of the People as if Religion had been in hazard and the People being then in their first fervours against Popery were apt to take those Alarms pretty hot neither did the King cherish any who was not devoted to them but they did represent him a Favourer of Popery They also held Opinions which savoured too much of that Church which was so odious to them concerning the power of their Assemblies and their not being accountable for what they preached how Treasonable soever till it were first judged by the Church-Judicatory where all such things were sure of a mild Censure to say no worse divers other Tenets they held which were judged inconsistent with good Government But many of them being popular Preachers and of insinuative tempers they were much depended upon by the People who looked on all their Excesses as holy zeal King Iames bent all his thoughts to the regulating of this King Iames brought in Episcopacy and judging that the onely course to effectuate it was to have some few of greater temper and discretion to be set over the rest he studied by all means to get Episcopacy introduced in Scotland promising himself by that means an infallible remedy of all these Evils of which he was extremely sensible though his great Gentleness made him very slow in punishing them but they foreseeing well the Kings Intentions and the effects they might produce did as cautiously resist all his attempts that way though not without great and long opposition I shall not tell what endeavours that wise and peaceable King used for compassing of his designs nor with what hindrances they were obstructed but no sooner was he happily settled on the Throne of England but he went more roundly to work and yet it was not without opposition that he got Episcopacy settled and ratified in Parliament Anno 1612. But though great art was used to get Assemblies framed to the Kings designs he could never compass it Episcopacy being settled King Iames also erected a High Commission Court for punishing such as offended against that Constitution of the Church This Court was made up of Bishops and other Noblemen and Gentlemen but the Bishops being those who kept the Diets of it best most of the Secular persons absenting themselves often on design and the Bishops leading all matters in it it was counted their Court and the odium of all that passed there fell to their share This step being made King Iames advanced towards an Uniformity with England in Worship and other Ceremonies moved to it either that he might thereby make way for the Union of both Kingdoms which of all things he most desired or that he might root the seeds of Puritanism out of Scotland But in this he met greater opposition and all the progress he made in it was that in one Assembly it was decreed there should be a Liturgy drawn for the use of the Church of Scotland and in another at Perth the Five Articles that bore the name of that place were settled not without great contradiction and these were the Confirmation of Children Private Baptism Private Communion in cases of necessity Kneeling in Communicating the Observation of the Holy days of the Nativity Passion Resurrection Ascension and Pentecost Those were also established in Parliament Anno 1621. where the Marquis his Father was Commissioner and managed that Affair so dexterously that it gained him an equal share of esteem and hatred these things being generally very odious As King Iames was going on warily in this design he died King Iames dies lamented and admired by all the World and even those who had irritated him most when alive did bewail his Death with deep and just regrates He was succeeded in his Throne by his onely Son CHARLES the First who was zealously conscientious for Episcopacy King Charles goes on in hiâ— designs for the Church so what his Father begun out of Policy was prosecuted by him out of Conscience The Bishops therefore were cherished by him with all imaginable expressions of kindness and confidence but they lost all their esteem with the People and that upon divers accounts The People of Scotland had drunk in a deep prejudice against every thing that savoured of Popery Prejudices are conceived against the Biâ—hops This the Bishops judged was too high and therefore took all means possible to lessen it both in Sermons and Discourses mollifying their Opinions and commending their Persons not without some reflections on the Reformers But this was so far from gaining their design that it abated nothing of the zeal was against Popery they are charged with Popery but very much heightned the rage against themselves as favouring it too much There were also subtile Questions started some years before in Holland about Predestination and Grace and Arminius his Opinion and Arminianism as it was condemned in a Synod at Dort so was generally ill reported of in all Reformed Churches and no-where worse than in Scotland but most of the Bishops and their Adherents undertook openly and zealously the defence of these Tenets and breach of Sabbath Likewise the Scotish Ministers and People had ever a great respect to the Lords Day and generally the Morality of it is reckoned an Article of Faith among them but the Bishops not onely undertook to beat down this Opinion but by their Practices expressed their neglect of that Day and after all this they declared themselves avowed Zealots for the Liturgy and Ceremonies of England which were held by the Zealous of Scotland all one with Popery Upon these accounts it was that they lost all their esteem with the People Neither stood they in better terms with the Nobility The Nobility became jealous of them who at that time were as considerable as ever Scotland saw them and so proved both more sensible of Injuries and more capable of resenting them They were offended with them because they seemed to have more interest with the King than themselves had so that Favours were mainly distributed by their
for the King to do much without a Parliament in England and Subsidies granted by it but they had reason to think the Parliament would begin with Grievances before they went to Subsidies and if their enquiring into the former proved long and fierce as it would protract the Kings Supply it might also breed Irritations and Heats and end in a Rupture without relieving the King Neither could much be expected from a Loan of Money most of the Cities London especially were not well-affected to the Court and so were like to prove backward and narrow and all might be promised from that was to put off one Summer but the Scotish Storm was like to lie longer Besides he believed that if the Loan of Money went through the Scots would think that a good reason for their entring into England to make the Northern Countries the seat of the War which would prejudice the Kings Service in England All this he foresaw well and therefore was rack't with perplexity only he was not doubtful what to doe himself resolving to follow the Kings Interests on all hazards and in these Consultations this Year ended Anno 1640. An. 1640. They prepare in Scotland for War IN Scotland they begun again to prepare for a new War and the Ministers this year were likewise very busie taxing the King as having violated the late Pacification because way was not given to all their Acts. Besides it was preached in the very Pulpits of Edinburgh that the King had caused burn at London by the hand of the Hangman the Articles of the Treaty at Berwick This was founded on the Censure was put on the Paper spoke of last year which they gave out as the Conditions of Agreement and was burned by Order of the Council of England upon the Declaration made by all the English Lords who were on the Treaty That no other Articles were agreed upon beside the Seven above-mentioned yet this took with the People Next they laid on great Taxes for paying the last years Debts and defraying the Expence this year was like to draw on and for procuring of Money they fell on a new Device to cause the Ministers exhort all to lend liberally for the Service of the Cause which they did with so much Art and Zeal that the Women came and brought in their Jewels Rings and Plate however much Money was not got that way and all was far short of what they needed therefore divers of the most zealous of the Lords chiefly the Earls of Rothes and Cassils did give Bonds for great sums of Money and one Dick a rich Citizen of Edinburgh was got to lend them many thousand pounds Lanerick made Secretary of State In February the Earl of Sterlin the Secretary died for whose Place the King made choice of the Marquis his Brother Lord William whom he created Earl of Lanerick It was indeed the Kings choice for neither had the Marquis moved it nor himself pretended to it The Earl of Lanerick did act so considerable a part in Affairs after this that methinks their History should be as little divided as their Counsels and Affections for the Kings Service were and therefore as Lanerick's Actions come in my way they shall not be passed over in silence Being made Secretary his first care was to inform himself of all that belonged to his Place and Duty in the discharge whereof he resolved neither to spare labour or industry that thereby he might supply the defect of his years which were then but four and twenty But to go on with the Series of the Story the King went on carefully with his Preparations only the Charge of a Fleet was so great that he could not think of it this year but sent out as many Ships as stopt the Scotish Trade And finding how ill he had been served by his Lieutenant-Generals the former year and confiding both in the valour fidelity and conduct of the Earl of Strafford then Lord Lieutenant of Ireland he was called over to be Lieutenant-General in this Expedition and the Marquis was designed Colonel of the Kings Regiment of Guards The state of Affairs in Scotland In Scotland they were gathering Money bringing in more Arms and fortifying suspected Places few resisting them except Huntley in the North and Niddisdale in the South but the later was able to doe little The Marquis had divers Letters from my Lord Lindesay which are yet extant complaining of the Preparations they heard were making against them That Officers for the Army were already named Money was gathering not only Berwick Carlisle were fortified but Edinburgh-Castle and Dumbriton also had new men put in them and English-men were put in the former whereupon they were forced to resolve on hazarding the utmost for the Defence of Religion and Liberties and that all were Contributing very liberally and knew of good Friends both in England and abroad wherefore he assured him if things went to extremities they would not end so well as they did last year And he besought him that he would prove a good instrument betwixt the King and the Country protesting that for his own part nothing next to Religion went so near his Heart as the Kings Service In end he conjured him not to accept of any new Service if it went to an open Breach assuring him he would be ruined if he did telling him that God had provided a relief for them beyond their expectation The Marquis carried all these Letters as he got them to his Majesty and by his command wrote the following Answer My Lord I Received yours of February The Marquis his Letter to the Lord Lindsay wherein you endeavour to let me see the hazard that His Majesty may run if he take not a peaceable Course with his Subjects of Scotland which you say I am reported to be no adviser of as likewise the unavoidable Ruine that will befall me in case of my accepting of any Imployment against them The Arguments that you use are the Resolutions of your own People and the assistance that you will have elsewhere the particular way you forbear to write yet you say that God hath provided it beyond your expectation and as it was beyond your expectation so it is still beyond my belief my Reasons you shall have anon But first I will say somewhat concerning my self Know then Brother for a truth that I heartily pray a Curse may follow him and his Posterity that doth not endeavour and wish that these unhappy Troubles may be composed in a fair and peaceable way God who knoweth the Secrets of all mens thoughts can bear me record with how much care pains and zeal I have endeavoured that and I promise you I shall as faithfully continue in that Course as ever man did in any Resolution which was with reason grounded in his heart how few either believe or know this I care not for I have laid my accompt long since and am resolved on the worst that
came to them and with great vehemence pressed them to engage in a new War and among other Motives brought them Engagements in writing from most of the greatest Peers of England to joyn with them and assist them when they should come into England with their Army This did much animate them for they had not the least doubt of the Papers brought them But all this was discovered at the Treaty of Rippon to have been a base Forgery for there the Scotish Lords looking very sullenly on some of the English Lords as on Persons of no Faith or Truth the Lord Mandevil came to the Earl of Rothes and asked the reason of that Change of their Countenance and Behaviour in them who after some high reflections at length challenged him and the other Lords of not keeping what they had engaged to them Upon which that Lord stood amazed and told him and so did the other Lords there that they had sent no such Messages nor Papers to them and that they had been abused by the blackest Imposture that ever was Thus it appeared how dangerous it may be to receive some things that seem to have the highest Probabilities in them easily and upon trust In April following the King called a Parliament in England A short Parliament in England but they begun with their Grievances in which they rose to so high a strain that after twenty days Sitting the King by advice of his Council dissolved them but the hopes of Money from the Parliament failing the next Course was to try what could be drawn by Loan and for good example the Councellours subscribed for near two hundred thousand pounds Sterlin The Councellours lend Money What the Marquis his part was in this I should have willingly concealed judging fit that his Story should be as sparing in relating it as himself was modest in not boasting of it but Sanderson and some other malicious or ignorant Pens who say That he pretended Poverty and subscribed for none force me to free him of that Calumny by a true Relation of what his Duty to the King cost him at this time He subscribed for 10000 l. Sterlin and laid down Eight thousand of it presently in Gold likewise in August following at York he again subscribed and laid down Six thousand and three hundred pounds for both which he had Tallies struck Besides this when he served as Commissioner in Scotland in the year 1638. he got no Payments made him Ten thousand pounds Sterlin was allowed him of which he had not received a farthing and besides the great expence he was at in that Service he laid that year out of his own Money about 5000 l. Sterlin on the Kings account And thus in the space of four years he advanced to the King near Thirty thousand pounds Sterlin and this was in a time when the advantages he had by his Places and Pensions were through the necessity of the Kings affairs dried up But since I was forced to say this I must not conceal His Majesty who now reigns His Justice and Goodness to his Heiress in repaying the sum contained in those Tallies together with the other Royal effects of His Favour which they have felt in the repayment of the Scotsh Debt This is said once for all and all this was little reckoned of by him who was ready to hazard both Life and Fortune for His Majesties Service acknowledging that it was Just since he and his Ancestors owed so much to the King and his Progenitours bounty that all he had should be spent in his Service The Covenanters in Scotland were beginning to look to themselves and fearing Ruthwen Ruthwen a terror to the Covenanters who was in the Castle of Edinburgh they required him to obey their Orders but he told them he had his Trust from the King and would acknowledge no Commands but his whereupon they blockt him up He might easily have done them much Mischief but his Orders were to hold himself most on the Defensive and to amuse them but not to break out to open Hostilities within which limits he contained himself The second of Iune came which was the day the Parliament was to Set but the King had sent down an Order to the Justice-Clerk for proroguing it The Parliament sits notwithstanding the Kings Orders for proroguing of it and he was to carry along with him in this Affair the assistance of the Kings Advocate who was at this time confined to his House in Fife by the King upon pretence of some petty maleversation in his Office but really because of his adhering to the Covenanters too much The Kings Advocate was glad both of being delivered from that Disgrace and for being honoured with the Employment But to clear the Method in which he intended to proceed to make this Prorogation legal I must look back a little when Traquair got his Commission under the Broad-Seal there was another Commission given under the quarter-Seal to the Lord Elphinstown the Lord Napier the Kings Advocate and the Justice-Clerk these or three of them were impowred to act as Commissioners in Traquair's absence and upon his Orders Therefore the Kings Advocate judged it needless to fill up a Blank that was sent down to be made use of if need were to make the Prorogation Legal but resolved to require one of the other two to concur with the Justice-Clerk and himself in the Prorogation which was to be done after the Parliament was Fenced therefore they provided the persons necessary for Fencing of it a Ceremony they use in the beginning of a Session who are the Constable the Marshal the Provost of Edinburgh the Sheriff of Lowthian and a Doomster and if any of these be absent the King must name others for their Service that day So the Members of Parliament being met the Kings Advocate required the Lord Elphinstown who was first in the Commission to go up with them to the Throne for executing the Kings Commands who having read the Commission found their Power was only to act by the Commissioners Order and therefore called for Traquair's Warrant the Kings Advocate answered That as when the King is present a Commissioners Power of it self expires so also when his Warrant is produced there is no need of one from his Commissioner But Elphinstown stood on the Letter of the Commission and so found he was not legally warranted to doe it That same was the Lord Napier's Answer who was also of the Commission and so the Kings Advocate and the Justice-Clerk could doe nothing but take Instruments Many imputed this to the Kings Advocat's Jugling but he vindicated himself solemnly which is extant under his Hand with a long Narrative of this whole Affair sent up by him to the King However the effects of this Errour were great for the Members voted themselves to be in a Parliamentary Capacity as being summoned by the King at first and again adjourned to this day whereupon they proceeded to
Peers advised a Settlement with Scotland and a Parliament in England Strafford's Advice was more severe and the Marquis pressed a Pacification But though their Opinions varied yet their Friendship continued since both had the same designs for the Kings Honour and Service A recruit of Money which was beginning to run low was not to be hoped without a Parliament and their late experience told on how uneasie terms that was to be had Earl Lowdon also assured the Marquis by his Letters that the Covenanters were well armed well commanded and very resolute nor did they doubt of a strong Party in England and therefore shewed how dangerous it would prove to His Majesties Affairs if a Treaty should not presently follow The Marquis little regarding how ill these Counsels would be represented by others used all his Industry to prevail with the King for a Pacification on any terms since none could be so bad as the hazard the King was like to run if matters continued so broken for it was now apparent how faintly His Majesties Forces did serve him and with how much resolution the Scotish Armies proceeded neither were they without fears in their own Army and that many of the Peers and People of England would have assisted the Scots if matters had run to extremities A Breach betwixt the Marquis and the Earl of Montrose But at that time a passage fell out which drew after it a tract of great Troubles on the Marquis The Earl of Montrose had in Iuly that year procured a Meeting of some Noblemen at Cumbermwald the Earl of Wigtons house where there was a Bond signed by them of adherence to one another in pursuance of the Covenant and from New-Castle he continued to keep Correspondence with His Majesty notwithstanding an Act that had passed in the Committee that none should under pain of Death write any Letters to the Court but such as were seen and allowed of by at least three of the Committee But this Correspondence of my Lord Montrose came to the knowledge of the Covenanters and there were ill Instruments who suggested that this Advertisement must have been given by the Marquis which being too easily believed occasioned a Breach betwixt them that could never be made up And Sanderson hath had the Impudence not only to fasten this on him but as if there had not been Imputation enough in it he adds that the Marquis had in the night picked His Majesties Pockets for his Letters Indeed he needed not take such Courses had he been capable of that Treachery for the Kings Confidence in him was such that he delivered all the Letters he had from Scotland to his keeping and if he had designed such a thing upon Montrose it was in his Power to have done it long before for in October and December of the former year Montrose had writ much in the same strain to the King which Letters the King gave him and are yet extant but were never heard off till now that the Writer gives this account of them But the way how that Letter was discovered was this the Covenanters sent Sir Iames Mercer to York with their Letters to my Lord Lanerick of September the 14 th with whom my Lord Montrose sent his Servant with Letters to some of his Friends at Court and these Letters had been shown to the Committee but as he sealed them up he put within one to Sir Richard Grahame a Letter to the King which had not been seen and Sir Richard opening his Letter carelesly the inclosed to the King dropt out whereupon Sir Iames Mercer being near him stooped down in civility to take up the Letter and read the Direction of it and he returning next day to the Scotish Camp told what he had seen to the General who in a Committee that sate that afternoon wherein it was my Lord Montrose's turn to preside said that the Gentleman they had sent must be examined concerning any Letters he carried to the Court and so he was called in and examined But Montrose understanding that his Correspondence with the King was discovered said that seeing others kept a Correspondence with the Court he knew not why he might not do it as well as they it was answered if others were guilty that did not excuse his fault but when that could be made out against any they were liable to the same Censure he had now incurred whereupon he was commanded to keep his Chamber and he called a great many of his Friends to him to try who would adhere to him whereupon the General bade the Earl of Calender who was then Lieutenant-General tell him that if he came not and submitted himself he would hold a Council of War upon him and proceed against him Capitally Upon this my Lord Montrose came and produced a Copy of the Letter he said he had written and craved pardon and so this Matter was passed over â—ut it was suspected that his Letter had been sent to the Covenanters by the Marquis whereas indeed they knew no more of his Letter but what they had from Sir Iames Mercer who read the Address of it and so they knew not what was in it but by the Copy he produced Yet this went current for the Marquis his Treachery though Sir Iames Mercer did often vouch the truth of this before many Witnesses and particularly particularly to Sanderson himself before Noble Witnesses who acknowledged his Mis-information and promised to expunge that in the next Edition of his Book though there are no grounds to fear the Woâ—ld will ever be troubled with another Edition of so ill a Book The Treaty at Rippon In the end of September a Treaty was agreed upon and His Majesty named the Marquis and my Lords of Traquair and Lanerick to be amongst the Commissioners who should Treat in His name But the Covenanters excepted against the Marquis and Traquair whom they intended to pursue as Incendiaries and therefore they could not Treat with them as for Lanerick they had nothing to fasten on him Upon this the King resolved to send none but English Lords conceiving it not fitting to send any Scotchman if the persons he had imployed as Commissioners were not of the number Rippon a little Town fifteen miles from York was appointed to be the place of Treaty instead of Northallertown and the King sent the English Lords thither appointing Traquair and Lanerick to wait upon them for giving them Information of Scotish Affairs but he kept the Marquis to wait upon Himself The Treaty begun at Rippon and after a few days by reason of the new Parliament the King had summoned against the beginning of November was removed to London The Covenanters Demands were the same with those contained in their Letter of the 8th of September about which they continued Treating till the Iune of the next year and so this year ended But here I shall insert a Paper all written with His Majesties hand which though it do not relate
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
all so that no clear Proof being brought the Parliament could come to no other Decision but that the Lords had good reason to withdraw themselves and so they were invited to return to their place in Parliament But he is again in His Majesties favour This was a tedious business and put a great stop to the Settlement betwixt the King and the Nation but further Particularities are thought needless to be set down since this Matter vanished no effect following on it The Marquis quickly recovered his former â—oom in the Kings Affection so that there remained not so much as a vestige of this cross Adventure Things in Scotland took presently a Settlement and those were called Plotters and Banders after examination and a delivering up of their Bond which was burnt by the hand of the Common Hangman were set at Liberty after some time of further Restraint but the Process of the alledged Incendiaries was to go on yet they were to enjoy their Liberty and undergo no other Censure but the loss of Publick Imployment which though yielded at London was long resisted in Scotland they pretending their Oath to bring them to condign Punishment But as the King was going on with the Settlement of one Kingdom The Rebellion breaks out in Ireland he got the saddest News that ever were heard out of Ireland of the desperate Rebellion and Massacre had broken out there whereupon His Majesty recommended to the Parliament of Scotland the Relief of his oppressed Protestant Subjects in Ireland which they undertook very willingly But because of the interest England had in Ireland Commissioners were appointed to Treat with the Parliament of England for Concluding a Peace betwixt the two Nations and Settling of Trade and particularly about the Terms upon which they should engage in the War of Ireland and so about the middle of November the King having granted to the Scotish Nation all they could demand ended the Parliament there and returned to London about the end of that month But before the Marquis left Scotland he by the Kings particular Command entred in a close Friendship with Argyle considering that besides the great Power of that Family his Interest with the Clergy and Covenanters was such that none could be so useful to His Majesties Service as he And this Friendship was to be twisted closer by a Bond of a near Alliance betwixt their Children But from all the Letters that passed betwixt them yet to be seen it is as clear as can be that all the Marquis his design in this Friendship was for the Kings Service and that all that time Argyle expressed a hearty concurrence in it To gratifie the Covenanters the more the King had created him a Marquis Lowdon was also made Chancellor Lesley Earl of Leven and Lindsay put in a fair way to be Treasurer Traquair being turned out The King at his return to London The King returns to London where he finds matters worse found the Edge he had left on some of their spirits was no way blunted but growing into more sharpness When the Marquis was in Scotland a Member of the House of Commons laying out their Grievances among other things inveighed against Monopolies and spoke so plainly that all understood he meant the Marquis as a Person that deserved to be accused as well as either Strafford or Canterbury but others of that same Cabal took him up sharply And now upon the Kings return his Enemies finding their designs against him could not take with the King in whose Favour he was as much as ever they took a strange Course to destroy him which was to set on some Members of the House of Commons to accuse him as the Incendiary betwixt England and Scotland who had engaged England into all that Expence who had also invited the Scots to march into England and had been always the third in Strafford's and Canterburie's Counsels who had advised the Dissolving of the former Parliament and had oppressed the Subjects by the grants of many Monopolies which he had This was smelled out even by some of the same Cabal who perswaded their Friends to desist shewing them That for his Carriage betwixt England and Scotland an Oblivion was passed in the late Treaty which was ratified by the Parliament of England That for other things though his Engagement in the Court had carried him along to some extreme Counsels yet they said it was well enough known how moderate his Inclinations were how great an Instrument he had been in the late Settlement of Scotland and how much he was hated upon that account and that this was a design to destroy him either out of malice or because some feared his moderate Counsels in England as much as they hated them in Scotland This seems to have flowed from the Friendship which divers of the Leaders in the House of Peers had for him whom he had often obliged and as they were not unsensible nor forgetful of his good Offices so they seem to have had a particular kindness for his Person And while he was in Scotland he kept Correspondence with Mandevil Essex and others and chiefly with the Lord Say and Seale but all their Letters shew that his greatest business with them was to prepare them to a better Correspondence with the King But when the Marquis smelled out the design against him he gave the King an account of it and told him that if His Majesty intended to go on in his Affairs in a Kingly way he would wait on his Commands and expose himself to the displeasure of the House of Commons but if His Majesty intended to settle Matters by an absolute Compliance with the Parliament then he conceived it was fit that his Servants should use their endeavours for their own Preservation that so they might be afterwards useful to his Service yet he said he would do nothing for himself but by His Majesties Allowance and Direction being it is like taught more caution by the Jealousies had been taken from his care of vindicating himself in the Parliament of Scotland The King upon this allowed him to use all means for his own Preservation which he so managed that the designed Accusation came to nothing This particâ—lar His Sacred Majesty vouchsafed to tell the Writter adding that he had it from the Queen His Mother Anno 1642. An. 1642. THe Tumults and Disorders about Whitehall and Westminster rose to that height that the King withdrew to Windsor in the beginning of the year The Scotch Commissioners continued Treating about their engaging for Ireland The Sâ—ots Commissioners animate the Houses to press the change of the Laws about Church-Government which the King pressed forward very earnestly but some of the Commissioners begun to tamper with those who were most opposite to the Court in the Two Houses and in stead of Moderating them were instigating them to persist in their Demands about Religion to get Episcopacy brought down and Presbytery set up To
idle in so stirring Times and therefore His Majesty would consider how to make use of them lest otherwise they may be engaged and with them the Kingdom Shew that it will be impossible longer to delay the Meeting of the Commissioners for Conserving of the Peace and what my Part hath been therein and therefore to Consider if it were not fit they were called by His Majesties Warrant Shew that I could not think of a better way to serve Her Majesty for the present than by procuring an Invitation from the whole Kingdom for Her return which Proposition if His Majesty conceive fit for His Service and be acceptable to Her Majesty I doubt not of the effectuating it otherwise it shall here end Shew that though I can be of no great use to His Majesty any where yet I conceive more here than at York for albeit I still say I can undertake for nothing yet I may possibly be able to prevent Evil if I can do no Good Shew the miserable Condition of my Fortune which occasioneth the not sending as yet the Moneys for entertaining the Horse which if the sale of Land can procure shall be quickly remedied In August following there was an Assembly to which the King sent the Earl of Dunfermline Commissioner Dunfermline Commissioner to the General Assembly with full Assurances of His Majesties Resolution to adhere to what was now settled by Law and to encourage all good Motions for advancing of Piety and Learning and it was also recommended to him as his chief Work to keep the Assembly within their own bounds that they might not meddle with England nor interpose in the Differences betwixt the King and the Two Houses But this was not to be done except by Authority backed with Force for there came a Declaration from the Parliament of England which was very welcome to them and had such a Return as they of England desired For the Assembly declared Prelacy to be the great Mountain that lay in the way of the advancement of Religion The Assembly declares against Episcopacy in England which must first be removed before the Church and Work of God could be established and nothing the Kings Commissioner said was able to divert them from this so irresistible was their Zeal They also sent a Petition to the Council desiring them to second their Address to the King for an Uniformity in Church-Government in all his Dominions and likewise desired that by reason of the Commotions were in England the Council would call together the Conservatours of the Peace this was a Court established by the late Parliament to see to the Preservation of the Articles of the late Treaty with England The Council upon this recommended Uniformity in Church-Government by a Letter to the King wherein they desired also Warrant to convene the Conservatours of the Peace the Assembly wrote also to the King to the same purpose The Marquis represented to His Majesty that their Zeal for this Uniformity was so great that no Art could hinder them from Petitioning for it but if they could be preserved from Deeds Many desire Uniformity in Church-Government and that the Conservators of Peace might meet their big words were to be answered with smooth Language But as for the Meeting of the Conservatours of the Peace he laid out the hazard of it to the King for if he refused to convene them it would raise Jealousies in the Peoples minds and there was ground to fear they would meet of their own accord if they were not called which would be an affront to the Kings Authority and might precipitate a Rupture But on the other hand there was no small danger in their Sitting for of that number some were likelier to disturb than conserve the Peace To the Letters from the Assembly and Council the King wrote the following Answer CHARLES R. BY your Letter to Vs of the 19th of this Instant August We find you concur with Our late General Assembly The Kings Letter about Uniformity of Church-Government in their Desire to Vs about Vnity of Religion and Vniformity of Church-Government in all Our three Kingdoms which cannot be more earnestly desired by you than shall be really endeavoured by Vs in such a way as We in Our Conscience conceive to be best for the flourishing Estate of the true Protestant Religion But as for Ioyning with Our Houses of Parliament here in this Work it were improper for Vs at this time to give any Answer for since their Meeting they have never made any Proposition to Vs concerning Vnity of Religion or Vniformity of Church-Government so far are they from desiring any such thing as we are confident the most considerable Persons and those who make fairest Pretences to you of this kind will no sooner embrace a Presbyterial than you an Episcopal And truely it seems notwithstanding whatsoever Profession they have made to the contrary that nothing hath been less in their minds than Settling of the true Religion and Reforming such Abuses in the Church-Government as possibly have crept in contrary to the establish't Law of the Land to which we have been so far from being averse that We have by divers Declarations and Messages pressed them to it though hitherto it hath been to small purpose But when-ever any Proposition shall be made to Vs by them which We shall conceive may any way advance the Vnity of the true Protestant Religion according to the Word of God or establish the Church-Government according to the known Laws of this Kingdom We shall by Our chearful Ioyning with them let the World see that nothing can be more acceptable unto Vs than the furthering and advancing of so good a Work So we bid you Farewell From Nottingham the 26th of August 1642. All in Scotland called for the Conservatours Sitting and said that they must be on their guard The Chancellor calls a Meeting of the Conservators of the Peace when War was like to be on their Borders whereupon the Council ordered the Chancellour to convene them At this time all the Scotish Commissioners returned from London every thing that concerned the Treaty being expeded but the Council thought it necessary to send the Earl of Lindsay and Sir Iohn Smith to lie there for Correspondence of which they gave the King notice With this His Majesty was highly displeased for he said they were either sent to Treat by vertue of the Commission from the Parliament in which case they were not a Quorum or by the Councils Authority if so then he asked who warranted them to do that without his Order yet to take away any ground of Heats or Jealousies he impowered them to go that they might see to the preserving the Articles of the Treaty As for the Conservators of the Peace he gave the Earl of Lowdon Warrant to convene them against the 22th of September and sent Mr. Murray of the Bed-Chamber afterwards Earl of Dysert with Instructions Mr. Murray
Breach might follow betwixt him and his Native Kingdom but on the other hand he could not permit them to go both because of the Reasons he had alledged and the Fears he had of their engaging with the Parliament and chiefly that all his Councellours and Officers at Oxford were so far against it that he heard it was whispered amongst them that they would all forsake him if he gave them leave since they held themselves assured that the Design of their going was to bring an Army from Scotland wherefore he intreated Lindsay would serve him in that Particular which he undertook frankly though he added he had small hopes since he had already attempted as much as he could with no Success But as he left His Majesty he made a Visit in his way to his Lodgings where he met the Earl of Crawford who told him plainly That though the King should consent to their going to London thither should they never get for a great many were resolved to lie in their way and cut them all to pieces ere they were many miles from Oxford This he confirmed to him with many Oaths adding that as the King knew nothing of it so it would not be in his power to hinder it and out of kindness to my Lord Lindsay he advised him not to go though the Chancellour went With this Lindsay came to his Lodgings and shewed the Lord Chancellour the hazard not only their Lives would be in but of the irreparable Breach would follow upon it which being considered by them it was resolved they should pass from their Desires and crave the Kings Commands for Scotland since they would not offend him by the importunity of an unacceptable Mediation which they accordingly did to His Majesties great satisfaction And so they took leave the Chancellour with the other Commissioners going for Scotland only Lindsay returned to London Upon this His Majesty sent all the Scotish Lords then at Court to Scotland to serve him there who were the Earls of Morton Roxburgh Kinnoul Annandale Lanerick and Carnwath but before they could be dispatched he sent Mr. Murray to Scotland with an account of his opinion about the Services his Friends might do him there who came by York and brought from the Queen the following Letter to the Marquis in answer to what he had written to Her Majesty which though written in French as all Her private Letters were yet I shall set down translated in English that all may run more smoothly Cousin I Received your Letter with the assurances of the Continuance of your Aâ—fection of which I hold my self secure and make no doubt to see both the effects of it and of that which you promised me at your parting concerning my Lord of Argyle Will. Murray came yesterday from Oxford as for News from hence I refer you to Henry Jermine who will give you an account of them I shall only tell you that the Scotish Lords who were with the King are on their way for Scotland so likewise are the Commissioners that were with the King You will know from Will. Murray the Kings Answers to the Propositions which you made me at York I am very glad to know by Your Letter as likewise by what my Lord Montgomery hath told me the Protestations General Lesly makes concerning the Armies in Ireland and now when all the Kings Servants shall be together you must think of the means for preserving that Army for my part I know not what to say farther about it I am now upon my going to the King and hope to part hence within ten dayes If there be any thing that hath occurred of late I shall be glad to know it and that you will believe how much I am Your affectionate Cousin and Friend HENRIETA MARIA R. About the beginning of May Lowdon and the other Commissioners came down and a day after them came the Earl of Morton who told the Marquis They proceed to final Resolutions in Scotland that in a few days he should see the Earls of Roxburgh Kinnoul and Lanerick with the Kings Instructions but by reason of Kinnoul's Infirmity and Roxburgh's Age they moved slowly On the 21th of May the Iunto of the Church-party moved that there might be a Joynt-meeting of the Council and Conservatours of the Peace and Commissioners for Publick Burdens to consider of the present State of Affairs The Marquis and Morton resisted this all they could but they were over-ruled and so these Judicatories met to them it was proposed that considering the hazard the Nation was in by reason of Armies which were now levying in the North of England there was a necessity of putting the Kingdom in a posture of Defence which could not be done without a Convention of Estates or a Parliament wherefore it was moved that a Convention of Estates should be presently called The Marquis argued much against it shewing that this was to encroach upon the Kings Prerogative in the highest degree and so would be a direct Breach of the Peace with the King and against the Laws of the Land adding Was this all the Acknowledgment they gave the King for his late Gracious Concessions for this struck at the root of his Power In this he was seconded by my Lord Morton but most vigorously by Sir Thomas Hope the Kings Advocate who debated against it so fully from all the Laws and constant Practice of Scotland that no Answer could be alledged and indeed discharged his Duty so faithfully that the Marquis forgave him all former errors for that dayes Service But it was in vain to argue where the Resolution was taken on Interest more than Reason so it was carried that the Lord Chancellour should summon a Convention of Estates against the 22th of Iune A Convention of Estates is called This Resolution being taken they gave Advertisement of it to the King in the following Letter which all who Voted against it refused to sign Most Dread Sovereign THe extreme necessity of the Army sent from this Kingdom by Order from Your Majesty and the Parliament here against the Rebellion in Ireland the want of means for their necessary Supply through the not payment of the Arrears and Maintenance due to them by the Parliament of England the delay of the Payment of the Brotherly Assistance so necessary for the relief of the Common Burdens of this Kingdom by reason of the unhappy Distractions in England and the sense of the danger of Religion of Your Majesties Royal Person and of the Common Peace of Your Kingdoms have moved Your Majesties Privy Council the Commissioners for conserving the Peace and Common Burdens to joyn together in a Common Meeting for acquitting our selves in the Trust committed to us by Your Majesty and the Estates of Parliament and having found after long Debate and mature Deliberation that the Matters before-mentioned are of so Publick Concernment of so deep Importance and so great Weight that they cannot be determined by us in such a
receive of their Plagues and that the Lord may be one and his Name one in the three Kingdoms We shall with the same sincerity reality and constancy in our several Vocations endeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdoms And to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms That the World may bear witness with our Consciences of our Loyalty and that we have no thoughts or intentions to diminish His Majesties just Power and Greatness We shall also with all faithfulness endeavour the discovery of all such as have been or shall be Incendiaries Malignants or evil Instruments by hindering the Reformation of Religion dividing the King from his People or one of the Kingdoms from another or making any faction or parties amongst the People contrary to this League and Covenant That they may be brought to publick Trial and receive condign Punishment as the degree of their Offences shall require or deserve or the Supreme Iudicatories of both Kingdoms respectively or others having power from them for that effect shall judge convenient And whereas the happiness of a blessed Peace between these Kingdoms denyed in former times to our Progenitors is by the good Providence of GOD granted unto us and hath been lately concluded and settled by both Parliaments We shall each one of us according to our place and interest endeavour that they may remain conjoyned in a firm Peace and Vnion to all posterity and that Iustice may be done upon the wilful opposers thereof in manner expressed in the precedent Article We shall also according to our places and callings in this common cause of Religion Liberty and Peace of the Kingdoms assist and defend all those that enter into this League and Covenant in the maintaining and pursuing And shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terrour to be divided and withdrawn from this blessed Vnion and Conjunction whether â—o make deâ—ection to the contrary part or to give our selves to a detestable indifferency or neutrality in this Cause which so much concerneth the Glory of GOD the Good of the Kingdoms and Honour of the King But shall all the days of our lives zealously and constantly continâ—e therein against all opposition and promote the same according to our power against all â—ets and Impediments whatsoever And what we are not able our selves to suppress or overcome we shall reveal and make known that it may be fully prevented or removed And which we shall do as in the sight of God And because these Kingdoms are guilty of many sins and provocations against GOD and his Son Iesus Christ as is too manifest by our present distresses and dangers the fruits thereof We profess and declare before GOD and the World our unfained desire to be humbled for our own sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the purity and power thereof and that we have not endeavoured to receive Christ in our hearts to walk worthy of him in our liâ—es which are the causes of other sins and transgreâ—sions so much abounding amongst us And our true and unfained purpose desâ—re and endeavoâ—r for our selves and all others under our power and charge both in publick and in private in all Duties we owe to God and Man to amend our lives and each one to go before another in the example of a real Reformation That the Lord may turn away his wrath and heâ—vy indignation and establish these Churches and Kingdoms in Truth and Peace And this Covenant we make in the presence of Almighty GOD the Searcher of all hearts with a true intention to perform the same as we shall answer at that great Day when the secrets of all hearts shall be disclosed Most humbly beseeching the Lord to strengthen us by his Holy Spirit for thâ—â— end and to bless our desires and proceedings with such success as may be deliverance and safety to his People and encouragement to other Christian Churches groaning under or in danger of Antichristian Tyranny to joyn in the same or like Association and Covenant To the Glory of GOD the Enlargement of the Kingdom of Iesus Christ and the peace and tranquility of Christâ—an Kingdoms and Commonwealths This was offered to the Assembly on the 17th of August The Censures that generally were passed on it and after it was publickly read Mr. Henderson being then Moderator had a long Speech about it Then it was read the second time and many of the most eminent Ministers and Lay-Elders were desired to deliver their Opinions about it who did all magnifie it highly and though the Kings Commissioner pressed a Delay till at least it were communicated to the King yet the approving it was put to the Vote and carried unanimously and they ordered the Lord Maitland the now Duke of Lauderdale and Mr. Henderson and Mr. Gillespy to carry it up to the Two Houses at Westminster On the same day it was also approved in the Convention Wise Obfervers wondered to see a matter of that Importance carried through upon so little Deliberation or Debate It was thougâ—t strange to see all their Consciences of such a size so exactly to agree as the several Wheels of a Clock which made all apprehend there was some first Mover that directed all those other Motions this by the one Party was imputed to Gods extraordinary Providence but by others to the Power and Policy of the Leaders and the simplicity and fear of the rest One Article of it was thought strange that one Government of the Church was abjured but none sworn to in its place for England this was not the fault of the Scots who designed nothing so much as to see Presbytery established in England But the English Commissioners would not hear of that and by that General words of Reforming according to the Word of God cast in by Sir Henry Vane thought themselves well-secured from the inroads of the Scotish Presbytery and in the very contriving of that Article they studied to out-wit one another for the Scots thought the next words of Reforming according to the Practice of the best Reformed Churches made sure game for the Scotish Model since they counted it indisputable that Scotland could not miss that Character Those of Scotland would have had Episcopacy abjured as simply unlawful but those of England would not condemn that Order which had merited so much Glory in the whole Christian Church therefore the second Article was so conceived that it might import only an Abolition of the present Model of England and it was so declared both in the Assembly of Divines and in the Two Houses of Parliament when they swore it The Scots either perceived not this Change or were
he had a Commission for it under the Great Seal of England it being contrary to the Articles of the late Treaty of the two Kingdoms which was ratified in Parliament At this time the Treaty betwixt the Two Houses in England The Treaty betwixt Scotland and England is concluded and the Convention in Scotland was closed Against the 5th of October a hundred thousand pounds Sterling was to be paid in Scotland and against the Twentieth of that Month an Army of Twenty thousand Horse and Foot was to be on the Borders from Scotland who were to have thirty thousand pounds Sterling a Month for Pay only the hundred thousand pounds Sterling was to serve for the first three Months The General was to be chosen by the Scots the Army was to receive Orders from a Commitee of both Kingdoms no Peace should be treated or concluded without the Scots and the Publick Faith was given by the Convention of Estates in Scotland that their Army should return out of England when a Peace was concluded by both Kingdoms And so the Convention Adjourned till Ianuary having chosen a Committee of Estates to whom they gave full Power in all matters Civil and Military About the middle of September the fairest opportunity of all was lost for the Parliament of England apprehending the hazard of the loss of Berwick sent down some Ships by which Berwick seized on by the Parliament with the Concurrence of the Scots it was presently Garrisoned and the Committee of Estates issued out toward the middle of September Commissions for making of Levies â—hrough the Kingdom so that nothing kept them from Marching but that they heard not of Money from England The Kings Friends were now in the greatest perplexities imaginable they saw his Affairs in a ruining Condition and themselves able to do nothing but regrate it All September passed over ere they had a return from Oxford and since the hope of Berwick was irrecoverably lost nothing remained but Despair The Church-party became daily more resolute and the Kings-party became fainter At length in the beginning of October Mr. Mungo Murray came from Court but brought no present Relief only large hopes of Assistance to follow quickly He also brought Letters from the King both to the Council and the Conservatours of the Peace that to the Conservatours of the Peace follows CHARLES R. RIght Trusty and Right well-beloved Cousins and Councellours Right Trusty and well-beloved Councellours and Trusty and well-beloved The Kings Letters to the Conservatours of the Treaty We greet you well No Industry hitherto could have so far prevailed with Vs as to gain any belief that Our Scotish Subjects would countenance much less assist this bloody Rebellion in England yet We know not how to understand the Levying of Forces both Foot and Horse within Our Native Kingdom and their entring Our Town of Berwick in an hostile manner You are particularly trusted by Vs and Our Parliament and solemnly sworn to be faithful in the discharge of that Trust of seeing the Articles of the late Treaty observed which here is most grosly violated therefore We require you as you will be answerable to God to Vs and Our Parliament to take speedy and present Order for recalling and suppressing those Forces Our most malicious Enemies must bear Vs witness how religiously We have observed these Articles on Our part whereof if We had not been more tender than the advisers of the Breach have been of the Publick Faith it is obvious to any how easily We could have secured that Town from all Rebels We have likewise thought fit to take notice of the private Preparations in that Our Kingdom of Raising an Army by a new Authority to come into Our Kingdom of England under the pretence of securing themselves from a Popish and Prelatical Army falsly alledged to be upon the Borders such Forces as We have there being only for Protecting of Our distressed Subjects from the Incursion of Rebels from their Ships at Berwick and Holy-Island and for no other end Such then as shelter themselves under that Pretext will find from thence but a slender Warrant before God who knows the integrity of Our Heart and how inviolably We intend to preserve all that We have granted to that Kingdom so long as they suffer themselves to be capable of Our Protection and those Favours We do require you not only to oppose and suppress all such unwarrantable Levies but by your Publick Declaration to disabuse those Rebels in England who endeavour to engage you in their Rebellion and expect Assistance from you in all which We look for ready Obedience and expect a present account thereof We bid you heartily farewell Given at Our Court at Oxford the 26th day of September in the 19th Year of Our Reign 1643. The Letter to the Council follows CHARLES R. The Kings Letter to the Council RIght Trusty and Right well-beloved Cousins and Councellours and Trusty and well-beloved Councellours We greet you well Whereas Our desire of preserving Peace within Our Native Kingdom and preventing such Disputes which malicious Instruments might so heighten as to divide Vs and any of Our Scotish Subjects moved Vs by Our Letter of the tenth of June to dispense with the unwarrantable Calling together of the Nobility Commissioners of Shires and Burroughs at Edinburgh the twenty second of June 1643 and so far to give way to the Meeting as to allow them to take into Consideration the best ways of Maintaining Our Scotish Army in Ireland for Suppressing of that bloody Rebellion there since Our Two Houses of Parliament here had failed in the performance of the Treaty concluded upon betwixt the Two Nations for that effect and likewise for such other Particulars as Our said Letter doth more fully contain expecting they would have limited their Resolutions thereunto and paid an equal Gratitude of Duty and Obedience to Vs and Our Iust Commands as We have so lately and so many ways expressed Our Affection to that Our Kingdom in General and so many Members of that Meeting in their own particulars all which notwithstanding they have proceeded to Resolutions as unjustifiable as their Meeting and would engage Our Subjects to an Obedience of their Arbitrary Commands beyond the Power of any of the most Free and Lawful Conventions of the Estates Our Authority and Consent being so absolutely contemned that they have exâ—eeded the Bounds We have prescribed and proceeded to Conclusions of the highest nature without so much as acquainting Vs therewith Such high Indignities to Vs and Our Authority make Vs believe they have forgot they have a King and their Oaths in preserving Vs in Our Iust Power as their King but God will discover and punish such undutiful Thoughts how closely soever they be clouded with pretences of Safety to Religion and Liberty which they know will ever be dearer to Vs than Our Own Preservation Our good Subjects will likewise suffer with Vs by their heavy Taxes upon
with the like apprehensions to minister much Comfort to him only he pressed him not to give way to languishing Sorrow but to see what could be done for setting things right again and for infusing that sense of Shame and Horrour in all People for the late Action which might prepare them to a Noble Reparation of it by a generous Engaging in the Kings Quarrel And upon this much pains was taken to infuse Jealousies of the Independents in the minds of the Kirk-men though there were other violent persons as careful to refute them Most of this Year was spent in possessing all mens Minds with these Apprehensions so preparing them for what they designed to execute upon the first Opportunity The Duke and the Earls of Lauderdale and Lanerick were they who united most closely and cordially for the contriving and prosecuting of that Design The King was Prisoner at Holmby without any other Liberty save that of taking the air sometimes all his Servants were denied access to him and so cruel was the zeal of his Enemies that it reached to his Soul for they refused liberty for his Chaplains to wait on him a favour not denied to the worst of Malefactors but God was his Refuge who supported him in all his Sufferings and Solitudes The Two Houses wrote to the Committee of Estates in Scotland that they should take such a joynt Course with them as might tend most to bring things to a happy Peace But now the Jealousies betwixt the Parliament and the Army begun to grow visible and above board for the Presbyterian Party in the Parliament saw their Error too late Disorders rise in England most of them seemed to have intended the Kings Good only they were mistaken in Judging that the Parliament in which they were most numerous would never be disobeyed by the Army but being disappointed in this they ruined all their confidence in their Power in Parliament having been the cause why they let the Scotish Army go home for till they were gone the Independents crouched under them and trepanned them into Severities against the King and the Dismissing of the Scots who were no sooner gone but the Army acted what had been before projected but most industriously concealed from the Presbyterians Lauderdale is sent to England In April the Earl of Lauderdale was sent from Scotland to London to insist on the motion for a Settlement with the King and chiefly to hinder the adding of any new Propositions and he was also Instructed to deal for a permission to the Duke and the Earl of Dumfernline to go and serve the King in his Bedchamber But the Earl of Lauderdale found matters in great confusion at Westminster for the chief thing thought on was the Disbanding of the Army which was an unnecessary Burden to the Kingdom many grounds of Fear appearing that their Designs were to keep themselves up and govern the Nation by a Military and Arbitrary Power therefore such as were best-affected judged it necessary once to disband them before they engaged in a new Treaty with the King But for that private Proposition concerning the Duke and Dumfernline the Earl of Lauderdale seeing it would not take because there was not a Family yet settled about the King nor could it be expected that any from Scotland would be the first they would set about His Majesties Person did not present it and indeed the Duke's late Behaviour in opposing the Delivery of the King had forfeited his Credit with those of England then in Power But it is not my meaning to go on with a regular History of the irregular Transactions that past in England this Year I shall only say so much of them as will make appear what reason the Scots had for their Proceedings and to clear what may have relation to the Dukes Concerns In the middle of May the King sent a new Message to the Parliament of England in order to a Treaty but his Offers were the same upon the matter they had been at Newcastle and so not like to take and the Two Houses were then busied about Disbanding the Army They therefore ordered the Army to be disbanded and some of the Forces they kept up to be sent over to Ireland and all Satisfaction being offered The Army refuses obedience to the Parliament the time of their Disbanding was named But the Ring-leaders of the Army disposed them to mutiny against the Parliament upon pretence of want of Satisfaction in matter of Money and Reparation in point of Honour so the Army drew to a Body and erected a Court who were called the Agitators Mean-while Cromwel puts his Party in the House of Commons on the Recalling oâ— their Declarations against the Army and goes to the Army though his Commission was expired More Money was offered to the Army but nothing was accepted only divers of the Presbyterian Officers submitted and subscribed for Ireland whereupon they were by the prevailing part of the Army disbanded and takes the King from Holmby And the Army to make a sure game for their Party sent one Ioice a Taylor by Trade but now a Cornet by his Employment to Holmby who came at twelve a clock at night and forced the King to go with him against his will Upon which the Earl of Lauderdale emitted a Declaration in Name of the Scotish Nation against that Force put on the Kings Person contrary to all their Treaties and Declarations and demanded that His Majesties Person might be presently set at Liberty and brought with Honour Freedom and Safety to some of His Houses in or about London and after that he went to Newmarket to wait on the King who was there with the Army But the Army begun to abuse His Majesty into some Confidence in them And use Hiâ— civilly and used Him at another rate than had been done at Holmby They gave free access to all His Servants to come to Him they allowed His Chaplains to attend about Him and serve in their Office according to the Liturgy and permitted Him free Correspondence with the Queen and every body else and in their Discourses intimated their willingness to lay aside the Covenant and allow the Toleration of Episcopacy and the Liturgy all which though smoothly said was meant to cajole Him to his Ruine Assoon as His Majesty was at Liberty He wrote the following Letter to my Lord Lanerick Lanerick THe present condition of My Affairs is such He writes to Lanerick that I believe you and your Brother may do Me better Service at London than where you are therefore I desire that both or at least one of you would come up assoon as you could the rest I leave till meeting and so farewel Your most assured real constant Friend CHARLES R. Newmarket 22th Iune 1647. To this my Lord Lanerick wrote this Answer Sir YOur Majesties Letter of the 22th of June had been immediately obeyed Lanerick's Answer if our Stay here for some time had not
been conceived of more use to Your Majesties Service Your condition is so variously represented here that Your faithfullest Servants know not how to carry themselves therefore the intimation of Your Majesties Own Pleasure would be of great use No sooner shall the temper of People here which for the present is strangely inflamed be any thing allayed than one or both of us You commanded shall attend You according to the Duty of Your Majesties most humble most faithful most obedient Subject and Servant LANERICK His Majesty upon that wrote what follows Lanerick The Kings account of the usage he had in the Army IT is impossible for Me at present to give a Categorical Answer to your I confess necessary Question all I can say is that I am now at much more Freedom than I was at Holmby for My Friends have free access to Me My Chaplains wait upon Me according to their Vocation and I have free Intelligence with My Wife and any Body else whom I please all which was flatly denied me before besides the Professions are much more frank and satisfactory to what I desire of this Army than ever was offered by the Presbyterians And truly if these People rightly understood their own Condition and Interests they must do what they profess which is that King Parliament and People may each have respectively what is their own and yet it must be their Actions not Words alone which shall make Me put Confidence in them Hitherto they have made Me no particular Offers though daily pressed by Me but assoon as I can clearly see through their Intentions one way or other I will not fail to advertise you with My Commands thereupon In the mean time having truly though shortly set you down the true estate of My present Condition I leave you to judge and do what you shall find best for My Service So I rest Your most assured real constant Friend CHARLES R. Casam 12th July 1647. POSTSCRIPT I have intrusted this trusty Bearer with several Particulars which I thought too long for a Letter And the day after that he wrote again Lanerick THis is first to recommend this honest Bearer to your Care to further him in passing of those small Favours I have bestowed upon him next that you would do your best for the relief of those Gordons who were lately taken both which as to you were needless but that I know it is fit for Me at all occasions to express the Care I have of those that wish Me well So farewell Your most assured real constant Friend CHARLES R. Casam 13th July 1647. POSTSCRIPT Send me word if you have yet remembred your Promise to Me concerning the late Archbishop of St. Andrews his Book To which my Lord Lanerick wrote this Answer May it please Your Majesty YOurs of the 12th I received yesterday Lanerick's Answer We are joyed for what you write of the Civilities you met with but are full of doubts and fears of their Continuance especially since we are informed that notwithstanding all Publick Professions strange Demands are preparing to be offered to Your Majesty I ever hated thralling of Consciences yet I shall be sorry there were no other price of Spiritual Freedom than Your Majesties loss of all Temporal Power This Kingdom will be easily induced to venture their Lives for the last but none will hazard the first since they will not declare for Your Majesty but clogged with the Covenant It was thought fit to delay all Resolutions untill the 5th of August next expecting against that time either from the nature of the Demands we hear are now to be made to Your Majesty or from the carriage of the Army to Your Sacred Person grounds will be given either to rest satisfied or to resent it as becomes Loyal Subjects It is wished Your Majesties true Condition and positive Pleasure may be made known from Your Self if possible against that time when certainly the sense both of this Church seeing the General Assembly will be then sitting and State upon the present Differences in England as they have relation to or can have influence upon Scotland will be made known It is wished Your Majesties Prudence may prevent further Prejudice by going at first the full length You intend in granting what Conditions shall be demanded or if You find them absolutely destructive to You to put Your Self in that Condition that our Persons and Lives may be of use to Your Majesty which shall be the constant care of Your Majesties most faithful most loyal most obedient Subject and Servant LANERICK Edinburgh 21th July 1647. POSTSCRIPT I have not as yet been able to put Your Commands in execution concerning the Bishop of St. Andrew's Book in regard the Copy I have is both uncorrect and wanting in many essential things but I have already taken a Course to have that supplyed from a true Copy of the Original now in the possession of our Commissioners at London His Majesties Answer follows Lanerick YOurs of the 21th Instant I received yesterday having before resolved to have written to you though I had received none from you to shew you from time to time what My Condition is And yet for easing My pains I have thought fit to refer you to the Bearer John Chisley to tell you the true State of Affairs with My Opinion thereupon to whom I have largely and fully spoken My Mind wherefore I will only say this one word that whatsoever you resolve on you must not think to mention as to England either Covenant or Presbyterial Government for it will ruin you and do Me no good experience of which was clearly seen at Newcastle So desiring you to trust this Bearer I rest Your most assured real constant Friend CHARLES R. Wooburn 27th July 1647. The Army forces the Parliament The Army drew nearer London declaring they came to restore the King and to reform the Parliament This was Popular and took with many wherefore the Parliament to undeceive both King and People Voted His Majesties coming to Richmond for a Personal Treaty and that the Army should not come within thirty miles of London But the Army refused obedience and carried the King with them and sent threatning Messages for Recalling of those Votes and they designed next to model the Two Houses whereupon a frivolous general Charge was drawn against 11 of the most considerable Members who withstood their Designs and they pressed their Suspension from the House But it was Voted in Parliament to be against Law to suspend any Member upon a general Charge without bringing in and proving special matter And the Two Houses did choose a Committee of Safety to Treat with the City of London for Raising a new Militia for their own Security and some of the Trained Bands were drawn together under Presbyterian Officers Upon this the Army came to London forced the Houses to recall their Votes and disband their Forces and drove away the eleven Members And thus having
the 29th of November we shall first humbly acknowledge Your Favour by conferring so great a Trust on us and do engage our selves to the exactest Secrecy As for a Personal Treaty we are resolved still to insist on it and that London may be the Place but as to Your coming hither in Person Your Majesty not having signified to us Your Resolution of declaring or concealing Your being here or upon what assurance of Safety you can do either as Affairs now stand we dare not presume to giâ—e a positive Advice herein but leave it to Gods Direction and Your Wisdom though we wish from our Souls You were out of those hands you are now again in And albeit we can no ways joyn with Your Majesties Message yet whatever Success our Endeavours for a Personal Treaty shall have or what Place soever Your Majesty puts Your Self into You may be confident that you shall still have the reallest Assurance and faithfullest Services of Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 1st Dec. 1647. Sir JVst now we received Your last of the 29th of November The first of that Date we answered by James Cunningham and can now say no more as to Your coming to London than we did by him for though nothing is so much wished by us as Your being out of their Power in whose hands You have put Your Self yet we know not in what Safety Your Person could be here at London considering the present Temper of the Two Houses the Distempers of the Army and the irresolution of the City But not knowing what grounds Your Majesty goes upon we cannot judge of that Design yet since You are pleased to command us to offer our sense of a better if we approve not of this we shall presume to propose to Your Majesty Your Town of Berwick as a Place both of Safety to Your Person and of advantage for prosecuting Your ends of Peace whether by a Treaty or otherwise of restoring Your Self to Your Power and Your People to their former Happiness The Prejudice of abandoning Your Kingdom of England while Your Parliament is Sitting will thereby be evited Your Friends whether at home or abroad will have free access unto You and if You shall think fit to make use of the Affections of Your Scotish Subjects You already know upon what terms You can engage them either to restore You or fall with You. And as to the Safety of Your Person besides the Affection of these Northern Places which is very great and the Strength of the Place it self which upon Your Arrival with a few of Your English Friends may be possessed by You Scotland hath not only 1200 Horse now together upon the Borders but will be ready to imploy their whole Power for Your Personal Preservation in case of danger If Your Majesty approves of this Motion You will think upon the best speediest and safest way of executing it and either in this or what else You command we will constantly shew our selves Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK Dec. 4. 1647. On the 6th of December His Majesty sent a new Message to the Two Houses with which he wrote to the Scotish Commissioners AS I heartily thank you for your Freedom The King sends a Copy of His Message to the Scotish Commissionerâ— thereby perceiving your hearty endeavours for My Recovery so there are so many Particulars that I cannot at this time give you a positive Answer but shall within few days In the mean time I earnestly desire you to use your uttermost Endeavours for procuring a Personal Treaty which for the present will be the most acceptable Service you can do to Your most assured real constant Friend CHARLES R. POSTSCRIPT I have sent you a Copy of a new Message here inclosed to the Two Houses not doubting but you will second it also desiring you speedily to advertise Me of any Resolution that shall be taken to My disadvantage by the Houses and of this I pray you be very watchfull The Message being among the Printed Messages is not inserted here the Reader being referred to that Collection The substance of it was An Expostulating that no return had been made to his last Message notwithstanding which His Majesties constant tenderness to the Wellfare of His Subjects and the sad condition they were now driven to did so far prevail upon Him that he vehemâ—ntly pressed a Personal Treaty as the best means of Peace so that the blame of retarding so great a Work must fall somewhere else than on His Majesty who as He had already offered to devest Himself of much of His Authority so He did not doubt but if they met Him with the same Resolutions with which He would meet them the Kingdom should at last enjoy the Blessings of a long-wished Peace At this time the Two Houses were designing to make His Majestie a close Prisoner of which the Scotish Lords gave the King notice in the following Letter Sir They discover to him Designs against Hiâ— Person WE are this day certainly informed that the Committee appointed for Your Majesties Papers whereof Mr. Lyle of the Isle of Wight hath the Charge and whereof Mr. Martin Scot and that Cabal are Members have resolved that present Order should be given for making Your Majesty a close Prisoner and to remove Ashburnham Berkeley and Leg from You and commit them to close Prison with Resolutions to proceed to Extremities against Your Majesties Person The knowledg of this came to us from Jack Denham besides a Member of that Committee this day assured My Lady Carlisle that within 24 hours Your Majesty would be a close Prisoner And to our certain knowledg there are Debates amongst the eminent Persons by one mean or other to destroy Your Majesties Person and Consultations have been here and in the Armies for this effect Our information comes from some who were present at both we could not be at quiet till we had advertised Your Majesty of this nor can we propose any better Remedy than we did express by Andrew Cole If Your Majesty does not resolve and act speedily we fear our Endeavours to serve You will be too late which would be the greatest Affliction could come to Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 8th Decemb. 1647. POSTSCRIPT Jack Denham's Intelligence is from the Clerk of the Committee At this time the Earl of Traquair came to wait on the King Traquair waits on the King and gave Him great hopes of the Fidelity of some of the most rigid of the Church-party in Scotland He was sent by His Majesty to the Scotish Commissioners with the following Letters THe coming of Traquair hath much eased the pains which otherwise I must have taken in performance of that Promise I made you iâ— My last Letter by And. Cole but I care not
Majesties Preservation on these or on easier terms yet it was long debated amongst them what the Consequences might be of engaging in so great a Work not only without Unanimity but with the Opposition of the Church and most of those who had been of greatest Eminence and Power during the late Troubles Wherefore they resolved to give very extraordinary Complyances to their Desires whereby they might either gain their Concurrence or at least mitigate their Opposition and determined to go a greater length than otherwise their Loyalties could allow of But the Church-men by the insinuations of Mr. Gillespie and others were possessed with an opinion of their bad Intentions and that their Resolutions if they were blessed with Success were to overturn all that had been formerly established and so they resolved not to be satisfied with any Security or Proviso they might grant believing that nothing they offered was really meant to be kept and that all they intended was but Cajolery therefore they determined to oppose them with their utmost Zeal and Industry A few dayes after the three Lords returned to Scotland the following Letter came to them from His Majesty UPon Saturday I received yours of the twenty fourth of January A Letter from the King and have written to Lee as you desired Let no reports of any Personal Threatning against Me stagger your Confidence of My Constancy nor hinder Scotland in what shall be best for Kingly Authority lose no time in your great and honest Designs for him who is Your most assured real constant Friend CHARLES R. Monday 7th February 1648. POSTSCRIPT I resolve within these two or three Days to write to you by a trusty Messenger however I hope not to fail by these ways you mention To which they returned the following Answer May it please Your Majesty THis day we received Your Majesties of the 7th Instant Your Letter to Lee we hope may be useful Our Resolution to serve Your Majesty cannot be shaken with which we will go through or perish The Clergy cannot be satisfied with what Your Majesty offers in Religion for the reason expressed in our last of the 15th yet we hope to engage them in the Work We wish Your Majesty could further enable us in that Particular as the only mean to procure Vnanimity In the mean time we will set up our rest on the procuring a speedy Engagement though without that we cannot do it so much to Your Majesties advantage Sir Marmaduke Langdale is come hither and our first care shall be to secure Berwick and Carlisle which ere this we had done if our Forces had not been at too great a distance scattered in their Quarters They have now Orders in private to draw together and we intend to act and speak both at a time POSTSCRIPT We want Arms and Ammunition exceedingly and do earnestly desire the Queen may be pleased to endeavour the supplying us from France and Holland speedily The Lord Chancellour though at first the most forward of them all for an Engagement Lowdon falls off to the Church-party yet was quickly wrought upon to abandon his generous Resolutions and not only turned over to the violent Church-Party but some Months after was made do Penance by a solemn Acknowledgment in the High-Church of Edinburgh for his sinful complyance with these unlawful Courses as they were termed Traquair played his old game a great while with both hands and studied to make a Reconciliation with some Lords of the Church-party if by any means they could have been engaged in the Design and Mr. Murray of the Bed-Chamber who was sent to Scotland from France treated also long with the Heads of the Church-party whom he thought more powerful in the Country and so more able to deliver the King but finding them so backward without positive Concessions about Religion and the Covenant he and the rest of these called the Kings Party were forced to unite with the Duke and his Friends The first thing was to engage all the Officers of the little Army then standing which was carried very successfully and their next care was to fix on one to command Those who united for engaging in the Kings Quarrel designed that David Lesley now Lord Newark should command the Army to be raised and he at first undertook the Service very cordially but some of the Church-men fell upon him very furiously and prevailed so far on others who had a great Ascendant over him that he being of an easie nature struck off and refused the Service Whereupon finding it necessary that a Person of Eminence and Integrity should command the Army They resolve the Duke should be General which he oposed much they resolved on making the Duke General which he opposed to a high degree saying that he was resolved to hazard his Life with the first yet he would decline all Command knowing with what Calumnies he had been aspersed and what Jealousies many had still of him as if his Designs were for himself and to the Kings Prejudice And many yet alive with whom he lived in the greatest Confidence know with what earnestness he pressed them to set their eye on some other Person but there were none to choose fit for the Trust wherefore it was agreed by them all that the Charge must be laid on him to which he submitted with great Aversion The Parliament meets in Scotland In the beginning of March the Parliament sate Their first trouble was from the Remonstrance which the Commission of the Kirk sent them against Association with Malignants and of the danger Religion was in which Paper they intended to have printed but with much difficulty this was stopped There were Commissioners sent down from the Two Houses with whom Mr. Stephen Marshal came for Justifying their Proceedings and keeping a good correspondence with the Scotish Nation and notwithstanding all the Injuries done by them last Year yet some of the Clergy and of the Lords of their Party were in a very good understanding with them But first of all the Carriage of the Scotish Commissioners in England was approved in Parliament next there was a Committee of Eighteen appointed for preparing business and to confer with the Commissioners of the Kirk for giving them satisfaction which was a long and slow Work On the 14th of March the English Commissioners complained that they heard there were Designs among some Malignants to seize Berwick which they desired these in Scotland would oppose whereupon the Parliament referred it to the Committee of Eighteen to see to the Security of the Kingdom in that Affair from which all the Members who were of the Church-Party dissented and against this Vote the Commissioners of the Kirk sent in another Remonstrance because they knew that Committee was so chosen that they would send Orders for the securing of Berwick On the 22th of March the Committee of the General Assembly commonly called the Commission of the Kirk gave in their large Paper consisting
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
urge more out of my Duty to Him than kindness to our selves The next was of the 24th of April 1648. SInce my last to you I have received yours of the 18th and 22th of the last Moneth We have made an indifferent good progress in our Parliament here for we have stated all the Breaches of Covenant and Treaties we have resolved upon some Demands to be sent to the Houses of Parliament for Religion for His Majesty and for Disbanding of the present Army of Sectaries and we have pressed a Declaration containing the Grounds of our Resolutions In order to all these we likewise Voted the present putting of this Kingdom into a posture of War and this Week we are to nominate and make choice of all the Officers of our Army The Church doth still violently oppose us and threatens us with cross Declarations if not the extremity of Church-Censures Argyle and his Party maintain them in their Obstinacy or rather they do him in his Disloyalty but neither the fear of their Curses nor want of their Prayers can fright us from our Duty so soon as we are ready to act which possibly may be sooner than you imagine The next was of the 28th of April to His Majesty MY last to you was of the 13th of this Moneth by the Conveyance of Doctor Frazer Since that time we have perfected what was then designed for we have made choice of all the Officers of our Forces wherein we have been forced to spend much time and the next Week we intend to model our Army for England which we hope shall be upon the Borders against the 21th of the next Moneth which is the time limited for the Return of our Messenger from London who this day parts from hence with the three Demands to the Houses of Parliament wherof my last made mention and with a positive Command to stay only 15 days for his Answer We intend likewise in the beginning of the next Week to dispatch Sir William Fleming to the Queen and Prince to give them an account of our Proceedings and to know his Highness's Resolution concerning his coming hither and to desire the present sending of Arms and Ammunition to us whereof we are absolutely unprovided so that if the Queen or Prince of Orange to whom we beg Your Majesty would write do not supply us it will infinitely retard the Service We have passed a Declaration which is full of many rude Restrictions both in order to Your Majesty and Your faithful Servants But we are forced to them for the satisfaction of the Nice Consciences of the Clergy and their Proselytes whom we find still so inflexible that nothing can perswade them to a Conjunction with us in the Work on the contrary we meet with all imaginable Opposition from them yet as we have carried the Declaration and all that is yet done against their strongest Endeavours so we hope in despight of them to be Instruments in accomplishing the chief end it drives at which is Your Majesties Rest and Restauration Our next will certainly bring you the Knowledg of some Acting in order to that which we dare not hazard to this Cypher lest there may be more Copies of it than what we have with Your Majesty The slowness of their Motions in Scotland begun to give great Jealousies of their Proceedings every-where Jealousies of the Scotish Proceedings At Paris the Prince was much courted to go to Ireland but he resolved rather to go to Scotland and designed to go first to Holland Yet there were some about him who studied to give him ill Impressions of all that passed in Scotland grounding them on the old Calumnies that had been cast on the Duke and on the slowness of their Procedure at that time in Scotland together with the extraordinary Cajolery they gave the Church-party all which were made use of for alienating his Highness from that Resolution But he resolved to obey the Kings Commands and sent them new Assurances of that by Sir William Fleming and to oblige the Duke the more a Book being dedicated to his Highness containing some passages much to the Dukes dishonour he refused to accept of it and ordered it to be called in While things were thus preparing in Scotland His Majesty in the Isle of Wight was contriving an Escape being resolved if it succeeded to have come to Scotland but the means failed oftener than once which being discovered made his Prison the straiter He was also courted under hand with new Propositions from the Parliament of England but refused to enter into any Treaty without the Concurrence of the Scotish Nation Yet it troubled him much to hear no more of the progress of their Designs on which all his Hopes were then set for in that disorderly time it was not easy to transmit frequent and clear accounts of all that passed At length having understood from Scotland what advance was made in that Affair he was satisfied with the Fidelity of those he had imployed there At London there went various Constructions on the Scotish Actions The Commissioners of the Two Houses that were at Edinburgh wrote up that the Church-party would undoubtedly keep the Duke and his Party in play at least that Year and that the zeal of the Ministers would make the Levies go slowly on they either believing this themselves or at least designing that others should do so At this time there was a great Inclination all over England to shake off the Armies Arbitrary Yoke Great Disorders in England Stirs were rising in every place The Duke with his other Friends in Scotland dealt earnestly with their Correspondents in England to get all kept quiet till they were ready to march that so there might be an universal Rising at once which would have undoubtedly divided the Army that was against them into so many Fractions as might make way for their easier Overthrow This Design was zealously promoted by many who saw the great advantage it might produce but many were too jealous of the Scotish Designs and so did precipitate their own Ruin Others apprehended from their Declarations that the Bondage would be the same only the Masters changed if they prevailed and this made the Kings Party resolve rather to perish than receive any help from the Scots on these terms Their slowness made others despair of their Sincerity and the reports of the Power of the Church-party made all suspect their Strength so the untimely Rising in England was the Ruin of this Years Design for they rose only to be destroyed and to animate the Army with those many Victories they obtained over them And as these Defeats did much discourage the Scotish Army so it forced them to march into England before they were ready and e're they had looked well to the Security of Affairs behind them The first Rising was by Poyer in Wales to whom Langhorn came within a little and Commanded most of the Country At Westminster as they understood the state
inclinations over England should prove too hard for them but Mr. Marshall Great Disorders in England who was sent back from the English Commissioners in Scotland comforted them the best he could giving them all assurance that the Designs there would meet with vigorous Opposition wherefore it was moved that some of the Forces might be presently sent down before the Army were drawn together who might hope for good Assistance in Scotland But he also told them that nothing would be so likely to divide them in Scotland as to declare for the Covenant and the Propositions sent to Newcastle and indeed this was much dreaded by the Duke and his Friends since there was nothing so popular in Scotland as that the Parliament and Army of England had fallen from the Covenant but they resolved though that were granted to accept of no Treaty till the Army were presently disbanded for which the former Years Transactions did furnish them with very good reasons Mr. Marshall did what he could to reconcile the Presbyterians and Independents in London and that they might not fall out about Religion it was Voted that the Kingdom should be first settled before Religion was fallen upon The City of London was generally well-affected to the Scotish Design though some studied to alienâ—te them from it by telling them that those in Scotland were in Correspondence with the Cavaliers in England The City was inconstant and the Citizens feared the Armies falling on them to plunder them so that they were easily over-awed and at that time the Agitators of the Army were upon the Fining of the City in a Million of English Mony A general Answer was returned to the Scotish Demands by the day they had prefixed with the Promise of a more particular one to follow shortly which was looked on as a Design to shift them off by Delays At this time the Two Houses were much lifted up with a Defeat given to Langhorn in Wales which was represented to be greater than indeed it was But to allay their Joy there came in Petitions from many Counties of England for a Personal Treaty with the King and for being disburdened of the Army one came from Essex which was subscribed by twenty four thousand Hands and eight thousand men came out of Surrey with their Petition upon whom the Souldiers fell barbarously and killed about Twenty of them wounding above an Hundred Next the Kentish men rose in a formidable number but it was more terrible that the Navy was staggering and many of the Captains of the Ships declared against their Proceedings This was sad News for London by reason of their Trade which was like to be blockt up And now Cromwel to please the City of London drew the Forces out of it and left the Militia of London in their own Hands only he got Skippon who was of their own Cabal made Major-General of their Trained Bands and there was no small Disorder in the Army the Agitators being for the most part Levellers and against Cromwel as was by some supposed With all this Tragical visage of things they at Wâ—stminster were not a little mortified A Fast at Westminster so they appointed a Day of Humiliation and when they were naming the reasons for the Fast one of the Members had a singular opinion that notwithstanding the Self-denying Ordinance they had past yet they had ingrossed all Places of Power and Profit to themselves by which Juggling God was mocked wherefore he moved that they might devest themselves of these but the rest were not of his mind And if three Sermons and a great many long Prayers would reconcile God to them they would be at the cost but were resolved to quit none of their Power nor Places All these Tumults in England as they had hindered the Two Houses from sending down their Forces to Scotland so they called aloud for hasty Relief from the Scotish Army which from all places was called for But the Oppositition the Clergy and their Party made had so fore-slowed their Levies that they could not overtake this fair opportunity but were forced to leave the poor People in England to be knockt down by the insulting Army The Parliament of Scotland re-assembled in Iune The Parliament adjourns and after few days Sitting and the emitting of new Declarations both for Scotland and England but of a milder strain than their former of April had been being now weary of their hopeless courting of the Clergy they adjourned for Two Years having chosen a Committee of Estates sure to their Designs and they were drawing their Army together with all possible diligence But the great matter now debated in Scotland was A present March is disswaded by some whether they should first make all sure at home or leave things in that disordered posture and make haste into England Lanerick was for taking order with the Opposite Party and the Lords that headed them before they stirred out of Scotland lest otherwise assoon as they were gone the Ministers might blow up the People into Sedition which would either force them to send back a part of their Army for curbing them or lose Scotland totally by their Tumults while their Army should be strugling with an uncertainty in England Besides they were neither well-furnished with Arms Ammunition nor Mony but had good Assurances of large Supplies from the Queen and Prince by Sir William Fleeming and the Prince though much disswaded by these who were both Enemies to the Scotish Nation in General and the Duke in particular continued still firm to his first Resolutions of going to them when all things were brought to that Posture that it were fit for him to hazard himself amongst them and therefore in the middle of Iune Sir William Fleeming was dispatched again from his Highness to Scotland with the following Letter directed For the Lord Duke Hamilton and the Earls of Lindsay Roxburgh Lauderdale Lanerick and Calender My Lords YOu will receive by Sir William Fleeming who is amply instructed the full account of My Intentions and he is not more particularly charged with any thing than to let you know the sense I have of Your Affections yet I thought fit to reserve unto My Self the assuring you that as I conceive I am not capable of being more obliged than I have been by you so I shall be most exactly just in the discharge of my Acknowledgments when it shall please God to make My Condition fit for it In the mean time I have nothing to say but to desire you to be intirely confident of it and that I am most truly My Lords Your Affectionate Friend CHARLES P. Sir William Bellandin met with more Opposition in Holland for Judgments were passed on the Scotish Proceedings from their Declarations and all he could say was not able to take off those Impressions so that no good was expected from Scotland The States of Holland had no great inclination to the Kings Party and the Prince of Orange
negarunt But I go on from this sad subject to the tragical Conclusion of the Duke's Life The News of that Murder sunk the Duke's thoughts into a deep Sorrow which he carried with him to his Grave he well saw his own Danger knowing that those who had broken all the bonds of Loyalty and Duty were not to tie themselves to the faith of a Capitulation or Articles though granted by a person impowered by them and therefore he designed an Escape from Windsor that night which was contrived by his faithful Servant Mr. Cole afterwards one of the Kings Quirries who during his imprisonment had liberty to go and return from London which he did very frequently bringing him an account of what passed And the Duke having gained his Keeper ordered Mr. Cole to send a trusty Servant with two Horses to Windsor which accordingly he did advertising the Duke not to come to the City till seven a Clock in the Morning and then Mr. Cole was to come to him near London and bring him to some secure House in the City whereupon at night about the time of shutting the Gates The Duke makes an Escape from Windsor the Duke made his Escape freely out of the Castle without suspicion and came to the Place appointed where his Servant and Horses waited for him But he fatally went from the Resolutions he had laid down with Mr. Cole and would needs go in the night to Southwark thinking to have got to Mr. Owen's House who was acquainted with the business not considering what had been told him of the Guards were about the City all the night so that there was no coming to it but in the day and all things concurring to hasten him to his Grave there was that night a Party of Horse and Foot in Southwark searching for Sir Lewis Dyves and another who had escaped the night before but is re-taken in Southwark Some of them meeting the Duke in the Streets about four in the morning where he had long knocked at a door took him and examined him he told them a very formal Story of himself and his business which at first satisfied them but they observed that as he took a pipe of Tobacco by them he burned several great Papers to fire it whereupon they searched him and found such Papers about him as discovered him It was not before the next morning that he was missed at Windsor for that night he made his Escape there came an Order from Cromwel to the Governour of Windsor to make him close Prisoner and put all his Servants from him who thereupon ordered the Captain of the Guard to go about it but he hearing the Duke was a-bed delayed it till next morning and then found he was gone It being discovered that Mr. Cole had ordered the Duk 's Escape many advised him to go out of the way but he resolved rather to die than to leave his Master at such a time and made a shift to come at him that same evening When the Duke saw him he lifted up his hands and said It was Gods will it should be thus That night Mr. Cole was also taken and Sir Hardress Waller examined him but drew nothing from him whereupon he was made close Prisoner yet when the Duke was brought to his Trial he procured his Liberty for the Averment of some particulars of his Plea The Duke being thus unfortunately retaken he was committed to Prison at St. Iames's and is kept in St. Iames's in the same Room where the Earl of Norwich the Lord Capel and Sir Iohn Owen were Prisoners and then all saw in what danger his Life was whereupon great endeavours were used and strong applications made in Scotland to the Marquis of Argyle who had then the chief Powâ—r there that the Committee of Estates would so far study his Preservation as to own that what he did was by the Authority of that Kingdom that so whatever other Punishment they would lay on him his Life might not go for it And it had been faithfully promised by all the Leaders of that Party at the Pacification at Sterlin either to save his Life or to make his Death a National Quarrel But the Marquis of Argyle would not interpose These who had the power in Scotland refuse to move for him and though the Dukes Daughter the present Dutchess of Hamilton left no means unessayed to prevail on him yet all was in vain for he pretended that since those in England had murdered their King notwithstanding their Commissioners protesting against it it was not to be expected their interposition in other things could be of any weight nor was it fit they should any more address to the Murderers of their Soveraign So all hopes of any Mediation that way failed and not only that but Lambert being prevailed on by the offer of a good Sum to claim the Duke as his Prisoner some Letters came from Scotland about it upon which Lambert was advised not to insist on that Demand This was vouched to the Writer from several hands who had it both from Lambert himself and some other considerable men in the Two Houses But now his Majesties Blood not having satisfied the Cruelty of the New Usurpers their next design was against those who had served him faithfully and therefore the Duke was brought to his Tryal and honoured to be the first of those who followed his Master in that Glorious Martyrdom The Usurpers ordained the pretended Court of Justice to proceed against him so in the 6th of February he was brought to a Tryal It will not be hard to perswade the Reader without further inquiry that those who embrued their hands in the Blood of their Soveraign thereby breaking loose from all Ties Sacred and Humane could not stand much at the effusion of meaner Blood no their Consciences were feared with their former Crime so that nothing could be so wicked but they were stout enough for attempting it yet they chose to varnish over their perfidious Cruelty with some Colours and Appearances of Justice but the Disguise was so thin that it served them to no other purpose but to add hypocrisie to their former Villany which will evidently appear from the following Tryal drawn partly from the Journal of the Court and partly from Notes of what passed taken by some Eye-witnesses Steel and Cook the Counsel for the People of England did exhibit on the 6th of February being Friday the following Charge That the Earl of Cambridge about the 19th of July last Traiterously invaded this Nation in a Hostile manner The Charge given against him and levied War to assist the King against the Kingdom and People of England and had committed Sundry Murders Outrages Rapines Wastes and Spoiles upon the said People and particularly about the 20th of August near Preston did make War joyn Battle and fight against the Forces of the Parliament and therein did murder and kill Collonel Thornley and others To this the
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