should I be an undertaker to the Parliament for either having neither my Instructions nor Directions from Him to mention to the Parliament or any Member there But these Reports proceed from such who perhaps if the matter were looked into have said what probably they will not make good and so endeavour to make other men bear the Burthen I am not sorry they have joyned you with me in this since it cannot prove your disadvantage the thing being so eminently false I see my Enemies malice will have no end and when they want other grounds Sickness is enough for them to take advantage of but if they had been in the Condition that I have been in these three weeks they would have been more charitable and so I leave them The uncertainty of my Recovery hath made me write thus much to you and truely not without trouble that you may let His Majesty know my Innocency in these particulars and that I still continue in a Condition not able to attend Him which is a great grief to Your faithful Friend and Servant HAMILTON Whitehall 7th April 1642. In the middle of April the King signified to his Council in Scotland his Design of going in Person against the Rebels in Ireland The King thinks of going to Ireland which he purposed both to put more vigour in the Army by his Presence as also to refute those Calumnies were spread upon him as if he inclined to Popery and had been accessory to the late Rebellion with which damnable Calumnies his Enemies were beginning to asperse him But the Scotish Council as well as the Two Houses but that motion is disliked by both Nations interceded earnestly with him against this Design pretending the Hazard his Sacred Person would be in Some judged that they were afraid lest by such a real Argument the Calumnies were cast on His Majesty and scattered among the Vulgar for carrying on their Designs might be refuted and some feared lest His Majesty had he gone to the Army might have gained too much upon their Hearts whereby he might have been in a Condition to have over-awed the Two Houses In May the Scotish Council sent up the Lord Chancellor to offer a Mediation for a better Understanding betwixt the King and the Two Houses but the King was much irritated The Chancellor of Scotland sent to mediate betwixt the King and the Two Houses by the Affront he had lately received before Hull from Hotham He likewise found the Chancellor insisting on Vniformity of Church-Government therefore he ordered his return into Scotland and gave him a full account of all had passed betwixt him and his Two Houses requiring him to give a true representation of it to his Council there In the end of the Month the Marquis had recovered so much Strength as to come and wait on the King at York where he would gladly have prosecuted his former Counsels for advancing a Settlement betwixt the King and his Two Houses but he knew not how to advise the King to grant more than he had already yielded to which as the King said to him was more than had been granted by all the Kings of England since the Conquest adding that though he had gone a great length in Concessions to them they had not obliged him by one favourable Vote so that nothing remained for the Marquis but to lament the Kings Misfortune yet he offered the uttermost of his Services to him and subscribed for the pay of threescore Horse in the Kings Army But he represented to His Majesty the Hazard of Scotland's concurring with the Two Houses which the King might easily apprehend both from the late carriage of their Commissioners and from what he knew of their Temper especially of the Ministers Zeal and Power with the People For his own part he said he was able to do the King small Service any where but having neither Interest friends nor followers in England he would be but a burden to His Majesty there but if he could signifie any thing it was in Scotland where he should use his utmost Endeavours to divert them from assisting the Kings Enemies for to expect Aid from them was not to be thought upon His Majesty judging this most expedient sent him to Scotland without any positive Instructions recommending only to him his Service in General of which he was so confident that he wrote the following Letter after him Hamilton and is sent by the King to Scotland I Have no time to write Particulars and to perswade you to serve me I suppose that I have less need than time therefore in a word this is a Time to shew what you are assuring you that at all times I will shew that I am Your most assured and constant Friend CHARLES R. MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment THE Marquis came to Edinburgh in the beginning of Iuly Great Jealousies of the King in Scotland and found very many disgusted with him for his late concurrence in the Council at York as a Peer of England He studied by all means to remove the wicked Insinuations which some in England had sent to Scotland against the King the most hurtful of them was about his favouring of Popery and his Designs of falling upon Scotland by Force as soon as he had mastered the Two Houses These were zealously propagated by the Emissaries from England and all Places sounded with the danger Religion was in so that he found his Negotiation was like to prove again unfortunate The only means by which he had any hopes of engaging Scotland in the Kings Quarrel was to move that an Invitation might be sent from Scotland to the Queen for her return whom the Tumults at London had driven beyond Sea that she might mediate for a Settlement betwixt the King and the Two Houses This he judged might insensibly draw them on to own the Kings Service for if the Queen came upon their Invitation they would be obliged in Honour to protect her and see that she met with no Injuries and to resent such as should be done her and therefore he sent a confident Friend to give His Majesty an account of the Posture things were in according to the following Instructions SHew His Majesty with what a prejudicated Opinion I was received by reason of what I have done at York which I still lie under Shew in what Temper I found this Kingdom occasioned as I conceive by the apprehension they have of His Majesties not observing what He hath already granted if He shall be in a Condition to force them seeâ—â—g it is believed that what He hath given was against His Will Next divers eminent Persons apprehend that if He obtain His ends by Force they will be neglected and Persons obnoxious to this Kingdom cherished Shew that some activâ— mâ—n will not lie
was at that time much influenced by the Dukes Enemies yet Bellandin got many promises made him of a large supply of Mony and Ammunition Upon these Expectations the Earl of Lanerick was against a speedy March into England but much pressed by others but this was opposed by the Earl of Lauderdale who pressed a present Dispatch They were called upon so earnestly from their Friends in England that to linger still was to lose the Kings Party there for now the Kentish men were broken and some of them had passed over unto Essex where many rose with them and carried Colchester and made a good Body both of Horse and Foot but were not able to hold out long against the Army yet they gave them divers foils But that of the greatest Importance was that most of the Navy had declared for the King and desired a Correspondence with Scotland and Willoughby who was made Vice-Admiral by the Prince was a great Friend to the Scotish Nation The Earl of Inchequin also with his Army in Ireland had declared against the Parliament and sent to Scotland a very kind Message for a good Understanding with that Parliament and finally a part of the English Army being much sollicited by the Church-party in Scotland who complained that they were now exposed by them to Ruin was coming North-ward under the Command of Lambert and Langdale had written to them that he could not be able to stand long before Lambert if he were not speedily relieved and that Carlisle also would be in great hazard neither was the hazard only the loss of Carlisle of which they made less account but the Army which was with Langdale whose Wives and Children were in Carlisle did threaten to leave him and Capitulate if that Place were not preserved Besides all this they at Westminster to temper the general Hatred against them had called back the Secluded Members of both Houses and were Levying new Forces and had Voted a Personal Treaty with the King at which time also one Osburn avouched that there were Designs against the Kings Person and that himself had been sollicited to assist in the poysoning him All these Considerations were pressing and could admit of no delays wherefore Lauderdale insisted for a present March and that the Dukes Carriage might shew it was the Kings Service and not a Faction he was designing nor Resentments against these who withstood him in Scotland for so did Lauderdale mistake Lanerick's advice for curbing of the Church-party and punishing their Leaders The Duke saw great reason on both sides and is resolved on and though his own Judgment went along with his Brothers Advice knowing well it was easie for him to have forced all Scotland very soon into a Compliance with their Design which being once done he could have marched into England upon greater advantages and with a far better Army yet he was content to be over-ruled believing that if they were prosperous in England upon which depended all their hopes it would be no great Work to Master any Opposition might be made in Scotland And thus did the unripened forwardness of those in England force the Duke on a fatal Precipitation of Counsels The resolution was taken and a General Rendezvous appointed to be at Annan near the Borders of England on the 4th of Iuly All this while my Lord Lanerick had not forgotten the Kings Commands about the Marquis of Huntley but the ill Opinion the Church-men had of them was such that to have proceeded roundly in that matter would have given greater grounds of Jealousie to that Party therefore the Iunto sent him word to the Castle of Edinburgh where he was then Prisoner that though at that time it was not fit to set him at liberty by an Order yet they were willing he should make his Escape and they offered their Assistance for conveying him safe away But he said he was brought thither by Order and he would not steal out as a Thief and from this fatal stiffness they could not get him removed yet they resolved to liberate him openly when they should be better able to avow their Actions The Opposition the Church-men made to the Raising of the Army An Insurrectâ—on at Mauchlin did still retard the Levies and discourage the Souldiers though the Officers were generally resolute Some Forces were sent West-ward under the Command of Sir Iames Turner to keep that Country quiet who found a little Authority vigorously managed did quickly tame some of the most unruly But at Mauchlin there was a great Gathering under the Colour of an Assembly to a Solemn Communion and many went thither Armed pretending hazard from the danger of that time Turner got notice that an Insurrection was designed there and advertised the Duke of it who ordered Turner not to stir till the Earls of Calander and Middleton should come to assist him who came to Pasely on the Saturndy before that Communion they drew out the Forces that lay there consisting of two Regiments of Foot and fourteen Troops of Horse and marched to Steuarton where the Earl of Glenâ—airn and others of the Nobility met them Some advised a March of the whole Forces others thought a few Troops were sufficient for dispersing that Multitude whereupon Middleton was commanded out with six Troops who found them near two thousand strong Horse and Foot but being ill-commanded they were soon disordered Middleton and Hurry gave the Charge and were briskly encountered so that they were made to retreat with the loss of some men and both Middleton and Hurry got slight Wounds but the Party that had given them this rude Shock having cleared a way for themselves made their Retreat The report of this Disorder was brought hot to Calender who leaving the Foot at Kilmarnock went with the eight Troops he had with him to assist Middleton but upon his appearing all run away The Horse were not pursued sixty Foot Souldiers were taken and five Officers and some Ministers who were all dismissed only the Officers were condemned to dye by a Council of War but were afterwards pardoned by Calander Some Forces were sent towards the Borders After this before a General Rendezvous was possible the Duke for animating those of Carlisle who began to be sore put to it sent Collonel Lockhart with some Regiments of Horse to lye at Annan and Collonel Turner with five or six Regiments of Foot to lye at Dumfrice hoping thereby to hinder Lambert from coming near Carlisle wherein his expectation did not fail him for no sooner came Lockhart to Annan but Lambert drew his Troops nearer and Sir Marmaduke Langdale got air a while for Provision both for his Men and Horses and against the day appointed the General came from Edinburgh to Annan with Calander Middleton and Baylie and several Regiments of Horse and Foot The Army enters England Turner also came to him from Dumfrice with the Regiments that lay there and some Ammunition and abundance of Meal
returned into Scotland the Duke of Castle-herald had again great advantages if any such desire of Power had governed him for the Reformation had then prevailed in Scotland and he and all his Family except his youngest Son Lord Claud from whom descended the Earls of Abercorn were Protestants so that to have put himself at the head of that was the likeliest way to have advanced his own Designs but it appeared that he and his Sons embraced the Religion not for Faction but out of Conscience for he continued true and faithful to the Queen to the last of which She was so sensible that beside many Publick Testimonies of Her confidence in them such as the naming the Duke of Castle-herald her Adopted Father and calling him still by that Name and the referring Her whole Concerns when She was a Prisoner in England to his Care when that severe and unparalelled sentence of Death was to be executed on Her She took a Ring off Her finger and gave it to one of Her Servants and ordered him to carry it to Her Cousin Lord John Hamilton who then represented his Father that was dead his elder Brother being sick of a Frenzy and tell him that that was all She then had to witness her great sense of his and his Families constant Fidelity to Her and of their suffering for Her Interests and desired that it might be still kept in the Family as a lasting Evidence of Her kindness to it which is preserved to this day Nor was tâ—eir Duty to the Crown at that time easie or cheap to them for the contrary Faction designed to root them out of Scotland and therefore in one of their Mock-Parliaments their Blood was attainted and their Estates and Honours were afterwards given to other Persons and they were forced to seek shelter in England and France till King James came to Govern by his own Counsâ—ls then being also pressed to it by the Intercession of Queen Elizabeth He restored them to their Honours and Estates and created Lord John Hamilton Marquis of Hamilton who was Grand-Father to tâ—e two Dukes whose MEMOIRES I now publish King James did also treat him with the same respect that the Queen his Mother had done the Duke of Castle-herald and called him always Father and wrote to him often with the greatest Freedom and Familiarity that was possible and when that King went to Denmark to bring home His Queen He named him Lord Lieutenant of the South of Scotland and left for him a Letter yet extant full of great Esteem and Kindness to which He added this Postscript with his own Hand MY LORD if my constant Trust had not been in you of your great Love towards me I had not thus employed you upon such an occasion therefore I assure my self you will not frustrate my Expectation He also called him to Christen one of his Children and continued to the last to put great Confidence in him That Lord did indeed deserve to be so used by him for as he had with an invincible Patience and Loyalty submitted to the hard Vsage â—e met with during that King's Childhood and for some years after so he made no Stirs nor Disturbance but that little that was at Sterlin An. 1585. so that when he was admitted to the King's presence the King said to him My Lord I did never see you before and must confess that of all this Company you have been most wronged you were a faithful Servant to the Queen my Mother in my Minority and wâ—en I understood not as I do the estate of things hardly used And though he was frequently invited by the Violent Church-party to head them in their Mutinous Courses yet he would never engage in it And when that old Lord was dying as he was giving his Blessing to his Son and reckoning up the most signal Favours of God to him he named three more particularly The first was That during all his Troubles and notwithstanding the great Offers were made him in France by the House of Guise if he would change his Religion yet God had never left him to do so base a thing though he lost his Interest in that Court by refusing it The other was that he had never oppressed any of his Vassals and Tenants And the third was that he had never entertained one thought contrary to the Duty he owed the Crown and that no hard Vsage â—e met with had ever prevailed on him to any such Design and therefore charged his Son on his Blessing to continue in the same Courses All this I thought needful to be said for the Honour of that Family because Buchanan studied with much Art and Industry to cast an eternal Disgrace upon it For as he from being a great Flatterer of Mary Queen of Scotland which may be seen in his Dedication of his Incomparable Paraphrase of the Psalmes to Her became Her mortal Enemy and partly by Lies partly by his cruel aggravating of some unjustifiable things has written the History of Her Reign with so much Malice that his Work stands condemned as a base Libel by an Act of Parliament in Scotland so being provoked by an Injury which a Servant of the Duke of Castle-herald's youngest Son did him of which he thought he got not sufficient Reparation and carrying a spite to them because they adhered to the Queen's Interests he wrote of that Family with the most impudent and virulent Malice that was possible And his admirable stile of Latine in which he is inferiour to none that wrote since the days of Augustus has made all Forreigners take their Informations wholly from him and the Collectors of the General History of that Age do for the most part draw all the Account they give of Scotish Affairs out of him by which that Family hath suffered much in the opinions of Forreign Nations so dangerous it is to provoke one that has much Malice and can write â— History so that it shall take with the World But that Writer contradicts himself so often in what he says of that Family that small regard is to be had to it And Lesly Bishop of Ross Privy-Counsellour to Mary Queen of Scotland who wrote the History of that time and bore no great good will to the Duke of Castle-herald and his Children for being such Promoters of the Reformation speaks always of them with a great deal of Honour and Iustice. For the Father of those Dukes he was as Archbishop Spotswood truly calls him a Nobleman of rare gifts and fitted for the greatest Affairs and was most Vniversally beloved by all his Countrymen he was a very Graceful and Gallant Person and of a most agreeable Conversation and â—ery obliging and so did recommend himself to all sorts of Persons King James finding him excellently qualified brougâ—t him to Court where he made a great Figure the rest of his Life All these things concurred to make me very desirous to see whether the late Dukes had continued in those
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
We exspect your best endeavors as a real Testimony of your Affection to Our Service We do likewise think fit that a Double of all such Instructions as have already been given or shall hereafter be given to the Commissioners be sent Vs which will exceedingly conduce to the shunning of unnecessary Mistakings And in case there come any Dispute betwixt Vs and Our Parliament here about the Nomination of Officers and Councellors We hope you will remember upon what Grounds We were induced to yield in this particular to the desires of Our Subjects in Scotland it being Our necessary absence from that Our Native Country and you in private did often promise upon occasion to declare that this Kingdom ought not to urge it as a Precedent for the like to them the Reasons not being the same therefore now you are to think upon the most convenient way to make good that Promise and labour to prevent so great an Inconvenience unto Vs which We expect from you as one of the most acceptable Services can be done unto Vs. CHARLES R. Windsor 26th January 1642. POSTSCRIPT With His Majesties own Hand I have commanded this My Servant Mungo Murray to tell you some things which I think not fit to write therefore desiring you to trust what he will say to you from Me I will now only add that your Affections rightly expressed to Me at this time will do Me an unspeakable Service to the effecting of which I expect much from your particular Affection and Dexterity His Majesty also wrote to the same purpose to the Marquis of Argyle and added the following Postscript with His own Hand I Cannot but thank you for your Letter I received by Kinnoul it being the performance of a Promise you made at my last being in Scotland not doubting but you will perform the rest with the same cheerfulness And I assure you this is a time wherein the kything of your Affection to Me will do Me an unexpressible Service as Mungo Murray will tell you more at large whom I desire you to trust in what he shall tell you from Me. CHARLES R. Windsor 26th January 1642. His Majesty named the Officers of the Army that was to go over to the relief of the Protestants in Ireland choosing them so that they might be most acceptable to Scotland and this he did both to gain the more upon them by his Confidence as also to set those troublesom People out of the way though this turned to the great prejudice of his Affairs in Scotland as shall afterwards appear But for this Advice the Marquis deserved no share of the Blame for the King left him behind at London to see what could be effectuated by Mediation with those of the Peers whom he knew to love him and it appears by the following Note that he continued in His Majesties Confidence Hamilton I Desire you to come hither to morrow not only to end our last Discourse but also upon other business of great Importance and you shall find that I am Your constant Friend CHARLES R. Windsor 1st February 1642. What that business was does not appear to the Writer When the King withdrew further from the Parliament and went Northwards the Marquis was kept at London by a great Sickness of some months continuance The King leaves the Parliament and the Marquis stays at â—ondon being sick the length of it being occasioned by his frequent relapses into Fevers and a lingering Recovery out of them yet his ill-willers at Court represented the story of his Sickness to be but feigned that under that pretext he might desert the King when he needed his Service most But he hearing of this was resolved to be carried sick as he was to the King which the King knowing commanded him to stay till God gave him Strength to come without prejudice to his Health In March the Treaty between the Parliament of England and Scotland was closed The Treaty with Scotland for the relief of Ireland is ended and among other Articles one was cast in That an Vniformity of Religion should be endeavoured betwixt the Kingdoms But the King would do nothing that might seem to stop the Irish business and therefore gave way to it though he smelled the design of it abundantly well Besides the words being conceived in general Terms he would not oppose them since he judged an Uniformity of Religion was to be endeavoured as well as they did but with this odds that he thought the Standard of it should be taken from England As soon as this went home the Scotish Armies went over speedily in the beginning of April And the Scotish Council wrote to His Majesty and the Two Houses that they designed to send the Marquis of Argyle over to Ireland but first to send him and the Earl of Lowdon to London to mediate betwixt the King and the Houses with which His Majesty was pleased But the Houses excused it in a fair way pretending that they judged Argyle's presence necessary in Scotland Many wondred whence this Jealousie of him did flow some thought it was because the King consented to it and therefore they misdoubted him others apprehended that their Jealousie was founded on the Friendship that was betwixt the Marquis and him and that finding the Marquis so inflexibly firm to the Kings Interest and averse from theirs they feared that Argyle's Friendships and his was founded on the same designs New Calumnies on the Marquis At this timâ— some of the Marquis his Enemies represented to His Majesty that he made Offers of the Militia to the Houses with other things highly derogatory to His Majesties Authority and that he pretended a Warrant for those Offers was sent him by Mr. Murray of the Bed-Chamber These were the bad offices some fiery spirits studied to do to all who endeavoured the quenching of that Flame which was like to devour Britain but notice being given of this to the Marquis he wrote Mr. Murray this Answer Worthy Friend IT is no new thing for me to find my self traduced to His Majesty but I should wonder very much of which he clears himself if he give Credit to a Report grounded upon such Improbabilities for if His Majesty would be pleased to call to mind how oft he repeated to me that He would never condescend to the Parliaments Demands concerning the Militia no not for an Hour in the way it was I am sure He will not think that I could engage my self to the Parliament that He would perform that which He never gave me Ground to believe my self And as for His return to London I likewise affirm He never gave me cause to hope let be to engage my self to the Parliament for it I have had the Honour to be intrusted in divers Employments from Him and He knows I never exceeded His Instructions I hope He will not now think me so mad or so great a Knave as to do that which might bring Him any Inconvenience for why
could to the Army but he was first to go to Holland where he intended to stay some few days The Earl of Lauderdale had got Instructions from Scotland to go to the Prince of Orange and the States General to give them an account of their Affairs and to crave their Assistance in Money Arms Ammunition and Shipping to see also what Money could be borrowed upon the Publick Faith of Scotland for the prosecuting the Engagement and to desire from them the three Scotish Regiments that were then in the States Service and to settle a firm Alliance with them and from them he was to go to France with Letters to the Queen and to treat with the Queen Mother of France for the Assistance of that Nation according to the ancient Alliances between the Crowns of France and Scotland All these Instructions being communicated to his Highness he judged the Imployment might be of good use but would not let the Earl of Lauderdale leave him intending to carry him with him to Holland and was very well pleased that Sir Robert Murray was appointed to go to France in case the other went not yet he resolved to carry him along likewise to Holland Upon which the Earl of Lauderdale sent advertisement to Scotland to make ready for his Highness Reception This was done on the 20th of August and as the Prince was making ready the sad news of the Defeat of the Army was brought him so that Design vanished But in Scotland the news of the routing of the Army was received by the opposite Party with all the insultings of Joy they adding infamous opprobries to their Invectives Some observing that the Division of the Duke's Army which was its Ruin was on the 17th day of August the day in which the Covenant was first made which from thence some used to call Saint Covenants day this Conjuncture of Affairs was held a visible Declaration of Gods Displeasure for their breaking the Covenant and their Juggling in it by those who took upon them to expound all Gods Providences The Western Counties were commanded and animated to an Insurrection by the Lord Chancellour and the Earl of Eglinton together with their Ministers who came leading out whole Parishes with such Arms as could be had and when these failed with Staves and Pitch-forks and Sythes When the Resolutions for raising an Army were taken in the Parlialiament divers of the Nobility did dissent from them An Insurrection in Scotland the chief of whom were Lowdon who was then Lord Chancellour and Argyle and now Lowdon upon the notice of the misfortune in England gave out Orders for raising the Western Counties and all others who would zealously own the Covenant against the late Engagement Those that were raised were at first commanded by the Earl of Eglinton and the Marquis of Argyle made all the haste he could to come down with his Highlanders the Earl of Cassilis was slowest with his men for though he had dissented from the Engagement yet he was long unsatisfied with the Tumultariness of the Insurrection but after some times consulting about it he came up to them at Linlithgow This together with the sad account of Affairs from England did not a little disorder the Committee of Estates who as they drew a few Troops that were kept in the Country for their Guard nearer them so were not well resolved what to do They looked on the business as desperate by the ruin of the Army in England Many in the Committee of Estates incline to yield to them and though it was easie to scatter the confused Bodies were coming from the West yet they apprehended that certainly they finding their own weakness would call for the Assistance of the English Army before which they knew they could not stand Most of the Committee were men of good Estates who apprehending certain ruin to their Fortunes were resolved to see to their own Preservation the best way they could Others were much addicted to the Ministers and though they had gone along with the Service notwithstanding the opposition of the Clergy yet now that they knew they were resolved to excommunicate all who were for the Engagement their hearts failed them Many of the Ministers did also represent to them and some of their Friends that their Designs being blasted by God why should they fight any longer against him and assured them that if they would lay down Arms and accommodate matters without Blood all should go well that they would all own the Kings Quarrel according to the Covenant but if on the other hand they persisted in their opposition to the Church the English Army would be called in which would undoubtedly destroy both the Country and them These things prevailed with most of the Committee of Estates But the Earl of Lanerick opposed all these Resolutions judging it base and dishonourable to treat with those Rebels and abandon so good a Cause because of a Misfortune He thought it therefore necessary to recall Sir George Monro with his Forces and secure themselves of Sterlin and St. Iohnstoun and then to raise all the North by which they might gather a new Army and the time of the Year told them that Cromwel durst not stay long in these Parts so that upon his going to London they might make themselves Masters of Scotland and force a new Army into England the next Year Yet in this he was almost alone and many of the Committee of Estates plied him hard especially with one Argument that if more Bloud were shed in Scotland their Enemies would undoubtedly revenge themselves on his Brother and then all the World would say his Ambition to succeed him had made him contribute to his Ruin But on the other hand the Ministers and their Adherents gave great Assurances that they should procure his Brother's Liberty if matters were packt up This being constantly pressed on him he yielded to be passive and let them be doing and so after some days Debate they resolved to prosecute the Engagement no more and to pack up the business if it were possible therefore they sent the Lords of Lee and Humby to the Western Forces who were come in their March the length of Hamilton to see what their Demands were and to propose a Cessation in order to a Treaty they also sent Orders to Sir George Monro to return to Scotland But here I shall stop a little to give account of the motions of his Army in England The account of the Irish Army Musgrave had got intelligence that Cromwel with his Army was upon his March to stop the Duke's progress and had advanced the length of Skipton-Castle in Yorkshire which Advertisement was instantly dispatched to the Duke at Preston and a small Party of about forty Horse was sent under the Command of one Galbreath to examin the truth of these Reports who returned with this Account That having concealed their Party within a Hedge near that Place some of them came to a
THE MEMOIRES OF THE LIVES and ACTIONS OF Iames and William DUKES OF HAMILTON and CASTLEHERALD c. In which an Account is given of the Rise and Progress of the CIVIL WARS of SCOTLAND With other great Transactions both in England and Germany from the Year 1625 to the Year 1652. Together with many LETTERS INSTRUCTIONS and other PAPERS Written by King Charles the I. Never before Published All drawn out of or Copied from the Originals By GILBERT BVRNET In Seven Books LONDON Printed by I. Grover for R. Royston Bookseller to the Kings Most Excellent Majesty MDCLXXVII To the King May it please Your Sacred Majesty THE following History being a Relation of Your Royal Fathers Counsels and Affairs in Scotland I hope for an easy Pardon of my Presumption in offering it to Your Majesty Your Concern in a Work that relates so much to the King Your Blessed Father moved You to look on it and read some parts of it and after You had honoured it with a Character too advantageous for me to repeat You were Graciously pleased to allow me Your Royal Licence not only to Publish it but to Address it to Your Self and therefore I hope Your Majesty will favourably Accept this tribute of my Duty which with an humble Devotion I lay down at Your Feet My Zeal for Your Majesties Honour and Service engaged me first in this Work and the same Passion which I derived from my Education and still governs my Heart and Life makes me now Publish it For nothing does more clear the Prospect of what is before us than a strict Review of what is past which I have laboured to make with all possible Fidelity and Diligence I know I shall not escape Censures since few can bear a true and free History but as I have set down nothing for which I have not Authentick Vouchers so I have observed Your Majesties Acts of Oblivion and Indempnity as much as could consist with the Laws of History and have avoided the naming of Persons upon Ingrateful Occasions But no Precaution can secure one from severe Challenges that writes so near those Times while many Persons concerned are yet alive yet if Your Majesty continues to honour these Memoires with Your Royal Approbation I shall easily bear them SIR You have here a true Account of the Services and Sufferings of two of Your Subjects who dedicated themselves to Your Majesties Interests and became Sacrifices for them The Elder of these Brothers had not the honour of being known to Your Majesty yet he lost his life in Your Reign The Younger survived as long as he could serve Your Majesty but when he saw his Life like to be unprofitable to Your Service it became uneasy to himself which made him so prodigal of it in Your own sight And Your Majesty does his Memory the Honour of remembring him still with the highest expressions of Esteem and Acknowledgment which a King can bestow on a Subject They had that Unblemished Loyalty conveyed to them from their Ancestors as the Entail of their Family which has always payd an Uninterrupted Fidelity to the Crown and they have transmitted it as an Inheritance to those who have succeeded them who have already given great Demonstrations of most sincere and Loyal Duty to Your Majesty That God of his Infinite Mercy may preserve Your Majesty and bless you with Wise Counsels Obedient Subjects and Prosperous Undertakings and after a long and happy Reign on Earth may Crown You with an Incorruptible Crown of Glory is the daily Devotion of May it please your Sacred Majesty Your Majesties most faithful most humble and most loyal Subject and Servant Gilbert Burnet London the 21st of October 1673. CHARLES R. WHereas Gilbert Burnet one of Our Chaplains in Ordinary hath composed a Book entituled Memoires of the Lives and Actions of the Dukes of Hamilton which We have Seen and Approved and whereas he hath humbly desired Our Royal Licence for the Printing and Publishing of the samâ— We have thought fit to condescend unto that his Request and We do accordingly hereby Grant Our Royal Licence and Priviledg unto the said Gilbert Burnet his Heirs Executors Administrators and Assigns for the sole Printing and Publishing of the foresaid Book for the Term of fourteen Years to be computed from the day of its being first set forth And Our Will and Pleasure is and We do hereby Require and Command that during the said Term of Fourteen Years no Printer Publisher or other Person whatsoever Our Subjects do presume to Imprint or cause to be Imprinted without the knowledg and consent of him the said Gilbert Burnet his Heirs Executors Administrators or Assigns the foresaid Book in whole or in part or to Sell the same or to Import into Our Kingdom any Copies thereof Imprinted in Parts beyond the Seas upon pain of the Loss and Forfeiture of all Copies so Imprinted Sold or Imported contrary to the Tenour of this Our Royal Licence and of being further proceeded against as Offenders against the Act made in the Fourteenth Year of Our Reign entituled An Act for Regulating Printing and Printing-presses and suffering the Mulcts Penalties and Inflictions in the said Act particularly mentioned as the Cause shall require Given at Our Court at White-Hall the third day of November 1673. in the Five and Twentieth Year of Our Reign By His Majesties Command H. Coventry THE PREFACE HIstories are of all Books the most universally read the wiser find matter of great Speculation in them and improve their Knowledg by the Experience these give them and weaker Persons make them their Diversion and entertain Discourse with them But most Writers of History have been men that lived out of business who took many things upon trust and have committed many and palpable Errours in matters of Fact and either give no account at all of the secret Causes and Counsels of the greatest Transactions or when they do venture upon it it is all Romance and the effect of their Imagination or Interest And indeed the Authors of all the Histories that were written for near a thousand years together being for the most part Monks there is no great reason to think they were either well informed or ingenuous in what they delivered to Posterity though there is perhaps no Nation that is more beholding to their Labours than England is Of all men those who have been themselves engaged in Affairs are the fittest to write History as knowing best how matters were designed and carried on and being best able to judge what things are of that Importance to be made Publick and what were better suppressed And therefore Caesars Commentaries are the most Authentick and most generally valued pieces of History and in the next Form to these Philip de Comines Guicciardine Sleidan Thuanus and Davila are the best received and most read Histories only the last hath failed in some particulars for these men wrote of things in which they were considerable Actors and had
steps their Progenitors went in or had departed from them therefore I told the Duke and Dutchess of Hamilton that now are that if I might have the favour and trust of perusing such Papers as remained in their hands I should do my endeavours to make the best use of them I could upon which they were pleased to send them all to me The Collection was great and in as great disorder yet by a little care I brought them into some Order and found I had very authentical and full Materials for a greater Work than I had at first designed but having read many scandalous Pamphlets that had charged these Dukes in divers particulars with an equal degree of Injustice and Malice I found it necessary to enquire as far as their Papers could carry me into the Truth of these Reports which forced me to be more particular than had been otherwise needful And yet I hope the Reader shall have no great cause to complain of my tediousness but that he shall find an Entertainment through the whole Work that shall not be unpleasant to him I have opened the Intrigues and Counsels of those Times as clearly as I could This some that perused the Work have censured much as a disclosing the Secrets of Government and because in some places errours of Government are neither concealed nor palliaâ—ed some advised me to pass these over and not insist on them but with this I could-by no means comply for I know no good that History does the World so much as the making Posterity the wiser both by shewing the Faults of Ministers that raised the Discontents and the Follies and Madness of those who put all in confusion to get Grievances redressed For the Iealousies that were conceived either from the ill opinion of Ministers or the consciousness of their own Guilt made the Fomenters of those Troubles think that neither Concessions nor Pardons were a sufficient Security but that assoon as the Country and Government was settled what they had done would be remembred and punished and did drive the Faction much further than it seems they intended at first All this I wrote with the more Assurance after I had presumed to tell His Majesty that since I was writing of the late Times I sound it necessary to set down some Errours that were committed even by some of the Ministers of the King his Blessed Father and I could give no true account of matters if these were not likewise related upon which His Majesty most graciously told me That such things were unavoidable in a History and therefore He allowed me to tell the Truth freely Vpâ—â— so gracious a Permission I was the more emboldened to lay open things clearly and to trace the Troubles of Scotland to their first Beginnings It is true there were some things that had much influence on Peoples Minds of which I have given no Account having found no Papers in this Collection to direct me in them and these were the whole Progress of the Design for thâ— Resumption of the Tithes into the Crown and the restoring them to the Church with all the steps that were made in it which was so nice a point and had so much of the subtilties of Law in it that I did not think fit to meddle with it especially it not lying before me in these Papers nor having any Relation to the Concerns of these two Brothers The other was the Proceeding in Parliament Anno 1633 when His late Majesty was Crowned with the Petition that was afterwards drawn for which the Lord Balmerino was tried and found Guilty and had Sentence of Death passed on him Then did the Party begin to be more united and secret Engagements were given either to rescue him by Force or to revenge his Death upon which the Earl of Traquair procured a Pardon for him but from that time the date of the Confederacy of that Party is to be reckoned and though it lay quiet for some years yet it was still fermenting which made it burst forth upon the Crisis that afterwards appeared They were also much encouraged to all that followed by the Informations they had of the Malecontents in England for a Gentleman of Quality of the English Nation who was afterwards a great Parliament-man went and lived some time in Scotland before the Troubles broke out and represented to the men that had then greatest Interest there that the business of the Ship-mony and the Habeas Corpus with divers other things of which there was much noise made afterwards had so irritated the greatest part of the English Nation that if they made sure work at home they needed fear nothing from England And of this the Duke of Hamilton who had lived so many years in England could not be ignorant for so great a disease in the Body Politick as a Civil War does not break out on a sudden but there go before it many Symptomes which are well discerned by men of Iudgment and Fore-sight the matter must be brought to the nature of Tinder or Gun-powder before a Spark can set it on Fire And it was the Prospect he had of what was like to follow in England if once a War begun that made him employ all his Endeavours to carry the King to as full Concessions as he could possibly obtain This to such as do not reflect on the State of England at that time may perhaps appear mean or Malice may give it a worse Character But as no sort of provocation will justifie any man though of the clearest Courage that will go and fight with a Sword loose in the hilt but he must be concluded rash and inconsiderate so the Duke knowing the disjoynted condition of England and apprehending that by all appearance the War would be unsuccessful and that the Demands of the Faction would then grow higher did as became a Wise and Faithful Minister in trying all the ways he could think of to settle Matters before there should be any Breach since the keeping the Kingdom in quiet though upon terms which had been hard to the King and derogatory to His Authority was much to be preferred to a War that was like to prove fatal to the King and Kingdoms For all that while the Affection of the English to the Party in Scotland did discover it self in many high Expressions which others could not but see and the King sadly but too late felt afterwards for Princes most commonly see such things last of all their People their pretending Flatterers who are in truth their greatest Enemies keeping up such Advertisements from them as long as can be as if one out of fear to awaken his Master should let him sleep when his House is on fire till it were scarce possible for him either to quench or escape the Flames All these things concurred to set on the hot Zealots to begin the Troubles that ended so tragically in the Murder of the King and Slavery of the Nations And therefore nothing seems more
55. l. 16. after This add I. p. 120. l. 7. after all r. he p. 130. l. 37. require r. required p. 145. l. 7. dele will after it and r. will after Assembly p. 161. l. 18. for Mirtland r. Maitland p. 178. l. ult for Cumbermwald r. Cumbernald p. 219. l. 22. after Hamilton r. William Earl of Morton p. 225. l. 11. refore r. therefore p. 240. l. 6. after by for that r. these p. 242. l. 22. after at r. that p. 279. l. 2. emitted r. remitted p. 283. l. 26. berid r. be rid p. 284. l. 23. for stop r. step p. 334. l. 9. met r. meet p. 342. l. 17. did we r. we did p. 368. l. 5. which upon r. upon which p. 384. l. 23. after guards r. that p. 387. l. 51. apart r. a part p. 388. l. 12. after were r. clear p. 408. l. 30. after despise dele at p. 423. l. 2. after though r. the. ibid. l. 4. after vertue r. he p. 427. l. 8. for greater r. regrate p. 428. l. 26. wrack r. rack ibid. l. 50. after heavy r. on p. 429. l. 44. Death r. die p. 431. l. 26. after about for him r. himself The Contents of the Seven Books Lib. I. Of what happened from his Father's Death till the Year 1638. Lib. II. Of what passed when he was the King's Commissioner in Scotland in the Years 1638 and 1639. Lib. III. Of what passed after he laid down his Commission till July 1642. Lib. IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment Lib. V. Of the Duke's and his Brother's Imployments after his Enlargement till the Year 1648. Lib. VI. Of the Duke's Engagement for the King's Preservation and what followed till his Death Lib. VII A Continuation of Affairs till Worcester-Fight MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB I. Of what happened from his Fathers Death till the Year 1638. JAMES Marquis of Hamilton died at London in March 1625. An. 1625. and was succeeded in his Honour and Fortune by his Eldest Son and Heir Iames afterwards created Duke of Hamilton The Marquis succeeded his Father whom his Father had brought with him to England some years before and was then in the Eighteenth year of his Age and sent to prosecute his Studies at Oxford from whence he was called to see his Father die and came in time to receive his last advices and blessings Thus died that Great and Illustrious Person in the flower and vigour of his Age being then but 36 years old He was in great Esteem in both Kingdomes His Fathers Character equally dear to the Soveraign and the Subjects and it was certain no person could have disputed with him the Kings Affection and Confidence the Duke of Buckingham onely excepted His serving as Commissioner for the King in the Parliament 1621. had much lessened his Interest in Scotland for these five Articles of Perth where the Assembly of the Church that settled them was held commonly called the Five Articles were generally so odious that his carrying the Settlement of these in Parliament drew much dislike from all that Party which was then called Puritan but his carriage in that Parliament gained him as much trust and favour with the King as ever man had The King created him Earl of Cambridge a Title that was never conferred on any but such as were of the Royal Blood he made him also Knight of the Garter and Lord-Steward of the Houshold King Iames was likewise glad to see his Friendship for my Lord Marquis and his Family like to prove Hereditary by the kindness he saw growing up with the Prince for his Son in whose youth there was an agreeable Sweetness which gained an early room in the Princes Affections and took so deep rooting there that nothing was ever able to deface it and as he had the Honour to be the Princes nearest Kinsman by the Royal Blood of Scotland so he spent several of his younger and more innocent years in his company and when the Prince was in Spain he made one of that honourable Train that went to wait on his Highness But since the following Narration is to be filled with great and considerable Transactions wherein this Marquis was so eminently engaged I shall dismiss such Particulars as were of less concernment and therefore at one step shall leap over the whole tract of his Youth neither shall I interrupt my Narration of Publick Matters with Accounts of his Personal and Domestick Affairs which shall be referred to one place in which as I give his Character such of those as are fit to be made publick shall be mentioned neither will I here offer any further Account of his Father but what shall be the matter of the whole following History which is that he was the Father of two such excellent Sons King Iames as he received the tidings of his Death with much grief King Iames his Death so he Prophetically apprehended that as the Branches were now cut down the Root would quickly follow for the Duke of Richmond died about the same time likewise This Marquis his Death was followed with an universal regrate and I sind divers of the English Nobility in their Letters to his Son expressing their Affection and Esteem for the Father in terms beyond the cajolery of Civility or Complement The loss of so great and such a tenderly affectionate Father meeting the sweet Disposition and dutiful Love of the Son could not but prove very afflicting to him but this private Grief was followed by a publick Calamity brought upon these Kingdoms by the Death of King Iames on whose Character I shall not adventure since it is without the lines of my Work The Marquis sent down his Fathers Corps to Scotland The Marquis leaves the Court. where it was nobly interred in the Burial-Place of that Family but could not follow it himself being obliged to wait and assist at the Coronation of King Charles the first which shortly followed where he carried the Sword of State before the King and he found the Crown had rather heightned than lessened the new Kings Affection for him But within a little he resolved to return to Scotland to look to his own Affairs which were in great disorder by his Fathers magnificent Nobleness who notwithstanding his being Lord Steward and the benefit of other Places he enjoyed had far outrun himself at Court But indeed his Son had too much of his own Temper and was too Generous to be very Frugal During his absence from Court his Majesties Affection for him appeared not only in his ready granting of every thing was moved for his advantage but in the kind Letters which upon different occasions he wrote to him with his own Hand not to mention the many publick ones he got upon all occasions In one of them the King writes James An. 1627. THE reason why your Business
what shall be agreed for me betwixt Your Majesty and these to whom this Affair is trusted by me I bind my self to ratifie To the fifth since the reasons of my Expedition to Germany are the same with Your Majesties I have firmly resolved to help and relieve the oppressed Princes and States of Germany with the ease of all these burdens with which they are now pressed and therefore shall do every thing in order and decently as becomes most friendly Auxiliaries and if any thing be taken by me from the common Enemy I shall desire nothing more than that the right of it be entirely and inviolably Your Majesties To the ninth since I have devoted my whole fortune with all my interests for promoting this our Design I promise that whatever any shall contribute for it shall all be laid out for this War which I shall with my whole Forces manage and carry on till either it please God that You obtain a desired Peace or that the Liberty of Germany which is now oppressed be restored To the tenth since by this Article Your Majesty requires and expects Fidelity from me and my Army I James Marquis of Hamilton by these presents give my Faith for my self and them and bind both my self and them and for the Confirmation of this I do subscribe this Article with all the preceding and put my Seal to it at London the first of March Anno Dom. 1631. Signed Hamilton Locus Sigilli Ramsay had in Commission to deal with any Scotish or English Officers who served beyond Sea to come and serve under the Marquis and finding Mackay the Lord Reay in good reputation Ramsay treats with the Lord Reay he dealt with him to engage in his Service who cordially undertook it and some moneths after that wrote to the Marquis which Letter is preserved That though the King of Sweden had given him the Command of three Regiments and made him Captain of his Guards yet he was so desirous to put life in his noble designs that he would serve him were it but to carry a Pike in his Army and thus Ramsay returned and Colonel Hamilton with him Whereupon the Marquis went about the executing of his designs and the levying of his men but all was according to the Kings Orders and Instructions yet His Majesty seemed onely a consenter to it The Levies went on all this Winter in which many were backward because the King owned them so little As for Money the King advanced a good summe though far short of what was necessary but he gave the Marquis a Lease of the Customs of the Wines in Scotland for 16 years upon which Security he and all his friends raised as much Money as the design required Many of the Marquis his friends did in the beginning dissuade him from the undertaking apprehending the hazards both of his person and fortune which were visible from an attempt that was full of dubious success but when they saw him engaged in it they did all very frankly concur mortgaging their Fortunes for raising such summes of Money as were necessary for the Expedition Next Spring the Marquis sent Ramsay to Holland to see what assistance he might expect from the States An. 1631. and in particular to deal with some British Officers who were then in their Service to come and take employment in his Army He likewise sent one Elphinston to the King of Sweden Ramsay is sent over to the States and Elphinston to the King of Sweden to shew him that he would be ready to land with his Army in Iune or Iuly and to press that the Forces he was to have from the Swede might be ready to meet him where ever he were appointed to land his men or if the King of Sweden could not spare so many men that he would order the money for their Levy and Pay to be sent to Hamburg or to any other Bank that so the Marquis might levy them himself Upon this the King of Sweden sent the Lord Reay first to Denmark and then to Holland for carrying on of those Levies and committed the levying of 3000 Foot and 1000 Horse to Colonel Farensback The King was betrayed by Farensback a Leeflander of good repute in the Wars who had served the Emperour but for I know not what crime had lost his favour and undertaken the Service of the Swede and seemed to be going on with his Levy till the time was past and then did basely run over to the Emperour shewing how great a Service he had done by his cousening the King of Sweden since he hoped the failing of the Swedish Auxiliaries would keep the Marquis of Hamilton's Army from coming over that Summer King Gustavus was now in Germany and by his frequent Letters pressed the Marquis his dispatch He pressed the Marquis to come in all haste for he was then in great straits the Princes of Germany begun to fear his success and were not so forward in joyning with him as he expected and by divers Letters both from himself and Camerarius his Ambassadour in Holland and Salvius his Agent in Hamburg it appears that the Princes of Germany took their measures chiefly from the Kings resolutions The King of Sweden also desired a League with the King and that the King should send over ten thousand men whom the King of Britain should maintain during the Wars and desires a League with the King and that Army with the other twelve thousand should be under the Marquis his Command as General upon which the King of Sweden should oblige himself never to make Peace with the Emperour till the Palatinat were restored To this the King gave a good hearing and promised to send over an Embassadour to finish the Agreement and in the mean time the Marquis his dispatch was hasted forward with all diligence His Army was partly Scots partly English and they were to be transported in the Kings Ships the Scotish Forces were to be shipped at Leith and the English at Yarmouth and Yarmouth-Road was to be their Rendezvous In the end of May both Reay and Ramsay came out of Holland to England Ramsay got nothing done with the States who would give no assistance to the Marquis till the King formally engaged himself yet he got some Officers to come over and in particular that gallant English Gentleman Sir Iacob Ashly who had acquired much reputation in the Dutch Wars but Ramsay drew much trouble on himself for being a man of an intemperate tongue he had talked loosly of the Court of England to the Lord Reay At this time the Marquis was in Scotland drawing the Souldiers together and having made all ready there he returned to Court having nothing more to doe but to kiss His Majesties Hand and receive his last Commands but there was then at Court the Lord Ochiltree Reay acccuseth Ramsay and Ochiltree the Marquis a man of a subtil spirit and good parts had not those endowments
of his mind been stain'd with some ill qualities He had acquired some interest in Court by the service he did the Earl of Niddisdale in the matter of the Kings Revocation and the Commission of Surrenders which to explain were too long a digression here and needless to all who understand how the Rights of the Titles were at that time unsettled in Scotland His malice against the Marquis was hereditary he being the Son of Captain Iames Stewart who in King Iames his Minority when the Hamiltons were groundlesly and in a mock-Parliament attainted carried the Title of Earl of Arran and possessed their Fortunes Lord Reay upon what irritation I know not alledged to him that Mr. Ramsay had told him that the Marquises designs were not upon Germany but Britain and that when this Army was once gathered he purposed to pretend to the Crown of Scotland This lye was so ill told that it could take with none but those whose Judgments were blinded through malice for as that Army was very small and in no manner of capacity to prosecute such a design so it was made up of Scots and English and most of the Officers were persons of whom the Marquis had no acquaintance Reay alledged likewise the testimony of one Mr. Cleazar Borthwick Borthwick being a witness clears the Marquis to whom Mr. Meldrum should have communicated the same design but this testimony turned to his shame for that person who was of known integrity being brought from Germany and examined upon what Meldrum had said to him desired liberty to send his Deposition to the King sealed since the particulars were not fit to be publickly heard to which the King yielding he sent it The summe of it was that Meldrum had never communicated any such design to him that he had indeed spoken abominably of the King and Court but all was in his own name and that he brought no credence with him from the Marquis for his errand to the Swedish Court was onely to solicit the payment of some Arrears due to his Uncle who had served that Crown and he had no Employment from the Marquis onely he got from him Letters of recommendation for the dispatch of his business so that whatever he said was understood as his own sense and not as a message from the Marquis Reay also alledged the testimony of Lieutenant Colonel Lindsay for a great part of that he charged on Ramsay This Lindsay indeed was a brave Gentleman and Reay's Lieutenant Colonel but was killed two or three moneths before Reay met with Ochiltree at London He was in new Brandenburg with other Swedish Officers when Tilly took it in and all Reay's Regiment was cut to pieces except a very few which turned to his eternal disgrace who in such a hot time of Action left his Command to come over to England and forge lyes and after that Reay was in no esteem neither with Scots nor Swedes and irrecoverably lost himself in the K. of Swedens opinion But Reay kept himself from charging any thing on the Marquis fixing all he said on Ramsay which Caution was not observed by Ochiltree who drew a representation of the Marquis his interest in Scotland to shew what probabilities might be of such a design and reckoned up all his Kindred and Allyes by which he drew in most of the Nobility of Scotland and so fastned suspicions on them all a madness onely incident to those of Bedlam to which his malice drove him though he was no fool With this account of Reay's and his own he went to the Lord Weston Weston carries the Accusation to the King then Treasurer of England and personating great zeal for the safety of King and Kingdoms revealed this alledged Treason to him adding that it was probable all things being now ready to be put in execution that the Marquis upon his return to put things in the more fearful disorder might if admitted to wait in the Kings Bed-chamber murder him This was a Calumny than which Hell could not have forged a fouler for Lord Ochiltree judged that this would have infallibly produced one of two effects either raised such a Jealousie in the Kings thoughts as to have quite ruined the Marquis since few Princes are proof against such whispers or at least it would have stopt his voyage for a while till he were tried and the smallest delay in that would have scattered his Souldiers so that this design failing in which his Honour was now so far engaged a stain should lie on him through all Europe Lord Weston carried this Story to the King whether provoked to it out of hatred to the Marquis or moved from his zeal and duty to the King shall not be determined though the last was pretended by him and in many of his Letters to the Marquis when he was in Germany he expressed much friendship for him who gives it no good hearing But His Majesty knew the Marquis too well and understood all his motions and the progress of this Affair too exactly to give any credit to this Forgery and indeed he rejected listening to it in terms so full of affection for the Marquis as discovered he was incapable of any Jealousie either of him or any of his actions neither would he hearken to those who onely desired that upon his return he might not be admitted to his Presence at least not to lie in his Bed-chamber Within a very little while the Marquis came to Court utterly ignorant of the execrable designs of his Adversaries His Majesty welcomed him with an air of kindness beyond what he ordinarily gave him and drawing him apart immediately told him all that villainous story which had been whispered against him The Confusion this raised in his thoughts was unspeakable and opens the whole matter to the Marquis being amazed to find himself so horridly misrepresented knowing his heart to be full of duty and affection to his Soveraign he wondered how malice could be so impudent as at a time when he was hazarding Life Honour Friends and Fortune for the Kings Service to fasten such a devillish gloss on his actions but this surprize was overcome with a greater when he saw His Majesty with an unheard-of and truly Royal generosity express his confidence in him in such obliging terms as scarce to allow him to speak in his own Justification which seeming to insinuate he thought he needed to be vindicated the Marquis begged he might be presently tried and offered himself to restraint till he were cleared But His Majesty would not hear of that on the contrary commanded him to lie in the Bed-chamber that night and made him lie in the Bed-chamber that same night and he expressed his confidence and kindness for him in such a strain both of behaviour and discourse that the Marquis frequently said he looked on the kindness of that night as that which obliged him more than all the other publick testimonies of the Kings favour and
and passed the River Sala pressing the Marquis to pass with him so afraid was he of Papenheim but the Marquis sent Sir Iacob Ashley to view the Pass who told him it was so good that he might safely march away in a quarter of an hours warning in spite of Papenheim and his Army upon which he would not stir Meanwhile Papenheim advanced with his Army but is relieved by Papenheim which he gave out to be ten or twelve thousand though it was onely 4700 men but to make the fame of it greater the Purveyors who went before him made provision for near thrice so many his men were drawn out of Garrisons and brought up in all haste and if Bannier had not been stiff it had been easie to have fought him and the least foil given him had made Magdeburg their own Papenheim getting to Magdeburg and finding that it could not be kept who leaves it marched away with the Garrison and every thing worth carrying with them but when he came out of the Town the Marquis and he fac'd one another in a Plain betwixt Kalbe and Saltsa and the Marquis though very much weaker than he yet had a great mind to have engaged but Bannier would not think of it neither had Papenheim any mind to provoke them and so he marched away thus Duke Weimar's slowness and Bannier's carefulness lost them that occasion After Papenheim was gone the Marquis entred Magdeburg where he found they had left about 40 peece of Cannon and great store of Ammunition with plenty of Corns he staid there till the beginning of February that the King of Sweden ordered him to lie about Halberstadt but his Souldiers were ill-entertained and those he had levied in Germany were pressing for Pay which should have been advanced by the King of Sweden therefore in the middle of February he went to that King who received him with his former kindness and by other Letters from His Majesty he found he was still so happy as to retain the room he had in his Heart which appeared by the two following he found there from His Majesty James I Have received four Letters from you almost all together to wit of the 23th of September of the 8th and 14th of October and of the 11th of November this last being under Henry Vane's Cover which makes me not let this Post go without letting you know of the receipt of your Letters having little other thing to write to you at this time because I am taking two or three days to make a full Dispatch to you and Henry Vane that you may know the uttermost of what you may expect from hence assuring you that in all these Conditions you shall still find me to be Your loving Friend and Cousin CHARLES R. Whitehall 16 Decemb. 1631. James YOu know that I am lazie enough in writing being willing to find excuses to write short Letters therefore though I confess that at this time I have matter sufficient to fill a long Letter yet in earnest having commanded Henry Vane to acquaint you fully with all my resolutions it were needless to trouble my self with writing or you with reading a long Letter therefore I will onely say that you will find that I neither mean to forget or break my Promises to you and that you will not be unluckie if you have but as good fortune in all your actions as is wished to you by Your loving Friend and Cousin CHARLES R. Whitehall 31 Decemb. 1631. But there were great rubs in the Treaty with England the main thing pressed by the Ambassadour was that the King of Sweden should give the Marquis an Army The King of Sweden proposeth unmeasurable terms to the King with which and the Forces and Moneys to be sent from England he should fall in on the Palatinat But the King of Sweden proposed unreasonable Conditions demanding greater Assistance from the King of Bohemia than the whole Palatinat could have given in its most flourishing Condition and some Cities of the Palatinat to be put into his hands till the Wars were ended with many other hard Conditions almost as severe as these which had been proposed by the Emperour so that the Marquis did clearly perceive Gustavus was beginning to reckon on all Germany as his Conquest and that he was to give what Laws he pleased in it Thus the Ambassadour and he were in very ill terms but he continued to use the Marquis with great civility yet he still declined to give him a Commission to levy a new Army neither would he pay him those Summes of Money he had laid out in his Service and his Chancellour said to him they knew very well he had spent none of his own Money having gotten 100000 l. from his Master He answered though that were true he and his Master were to reckon but that must not be set to their Accompt In April the Marquis desired that some order should be taken with the remainders of his Army till he got a new one for their number at that time could onely have made him a Colonel but not a General so they were reduced into two Regiments The Marquis's Army is reduced to two Regiments the one of English and the other of Scots the English were commanded by Colonel Bellandin since made Lord Bellandin and the Scots by Colonel Hamilton and they were put in Duke Weimar's Army The Marquis sent over Sir Iacob Ashley to give the King accounts of what passed who was quickly dispatched back with the following Letter James YOu did very well to acknowledge to the Chancellour of Swede his allegation concerning the 100000 l. that he supposed you had from me for His Masters Service and so much as you did reply to him thereupon was good but methinks you might have addeâ— that that would more plainly have shewed him his error which is That if his Master would not accompt to you for what I gave you yet if he will take notice of it that way it were reason not onely that he shâ—uld thank me for it but also suffer me to put it on his accompt in part of that Assistance I am to give him but if he will as he ought stand to his bargain with you then he must leave you and me to reckon together having nâ—thing to do to enquire particularly what passes betwixt us I need write little more to you at this time the trust and sufficiency of this Bearer making it needless onely to recommend him to you as you did to me and to tell you freely that you had done better in my mind if you had reserved to him the English Regiment when your Army was reduced This I write merely of my self on my word for no body knows that I do this and I never heard any blame you for it and for Jacob Ashley himself he is so far from censuring of you that you need wish to be no better than he calls you and he solicits your business
beyond the diligence and industry of a fee'd Lawyer So referring my self for what else I have to say at this time to him I rest Your constant loving Friend and Cousin CHARLES R. London the last of April 1632. POSTSCRIPT I hope shortly you will be in a possibility to perform your promise concerning Pictures and Statues at Muneken therefore now in earnest do not forget it All this Summer the Marquis followed the King of Sweden in the quality of a Volunteer The King of Sweden refuseth to give a new Commission of which he was sufficiently weary but he found that King was so jealous of him that he was not to expect any Trust near or in the Palatinat where he desired most earnestly to be imployed and that he did put him daily off in which the King of Sweden's design was that by his Impatience he might be quickned to carry on the Treaty with England on any terms But no consideration of his own could make him betray his Masters Service or drive on Propositions which he judged so dishonourable for him as were those he offered about the Palatinat wherefore he wrote to His Majesty to receive his positive Commands what to do His Majesties Answer follows James I Have received three Letters from you by James Lesley about the 25th of July all which I assure you have given me very good satisfaction as well for your right understanding of Affairs in general as to give me a light how to direct yours in particular which at this time is tâ—e onely subject of mine One of two you must chuse either to stay or come away For the first it were very Honourable to doe in the timis of Action if you had an Employment but neither having nor likely to have any hereafter it were dulness not patience to stay any longer yet it is fit to come off handsomly neither shewing impatience nor discontentment if may be although I think you have cause for both therefore I have commanded Henry Vane to propose a new Employment fâ—r you which though I think it will not take effect yet it will shew there is no way unsought for to find you out an Employment with the King of Sweden It is that you may be sent into the Palatinat to assist the French with so many men as my Contribution will maintain which if it may be done they promise me to put the lower Palatinat in my hands This though I do not hold as Gospel yet if this design might be put in practice it might certainly prove useful to my Affairs this being denied as I think it will you have no more to doe but to seek a fair excuse to come home which will be best in my opinion upon the conclusion of the Treaty between Sweden and Me or if any rubs arise that you might be sent to clear it with me So that upon the whole matter my Iudgment is that if you cannot serve me in the Palatinat as I have already said the best way is that you take the first civil excuse to come home to Your loving Cousin and faithful Friend CHARLES R. Oatland 1 Aug. 1632. POSTSCRIPT David Ramsay will as I imagine meet with you before you come hither which if he doe I hope you will remember what I have said concerning him already But at this time Oxenstern demanded a League Offensive and Defensive between the Crowns of Britain and Sweden and that the making of Peace in Germany should be onely in the King of Swedens hands This varying wholly from the former Treaty wherein they had onely treated about the Affairs of Germany and whereby no Peace could be without the Kings consent the Ambassadour and he broke up in very ill terms and on the back of this the Marquis pressing the King of Sweden to assign him a Country for levying a new Army The Treaty breaks up His Majesty answered him with a new delay but he told that King that he had been now fifteen moneths from his own Country and though he had been at a vast expence he had received nothing in that Service and that his Heart was too great to be a perpetual Volunteer as he had been these divers moneths past wherefore he pressed for a present Answer The King of Sweden confessed he had reason to be weary and he acknowledged the great obligation he had to him and that he would always look upon him as one of his best Friends but said the blame of all the delays he met with fell on the English Ambassadour on whom he fell a-railing with the greatest passion that the Marquis had ever seen him in The King of Sweden in â—reat passion and in a huffing way pulled the Marquis his Hat out of his hand and clapped it on his own head and went stamping up and down the room in great rage The Marquis shunned the Discourse since as he could not condemn the Ambassadour so he would not irritat the King of Sweden by an ill-timed Justification of him but the chief reason of his passion was that many of the Princes of Germany were beginning to talk that their Deliverer was like to prove a greater Tyrant than the Emperour had ever been and he suspected the Ambassadour was Caballing with them But the Marquis seeing nothing but delays desired liberty to return to England that he might levy a new Army and remove any Misunderstandings were betwixt his Master and the King of Sweden This Proposition was so fair that it could not be refused so on the 8th of September the King signed a Commission to him for bringing over a new Army The Marquis returns to England and gave him Instructions for ending the Treaty with the King and a little after that he took leave of him and was dismissed by the King of Sweden and all about him with very high expressions of Friendship that King telling him that in whatsoever place of the World he were he would ever look upon him as one of his own As he was returning home he received the following Letter from the King James I Wrote to you in my last to find a pretext to come home but now I must tell you it is not fit to stay any longer where you are for the impossibility of your Employment there and the necessity of your business here requires your return so that at this time I 'le say no more but Nil mihi rescribas attamen ipse veni for you shall be no sooner come than welcome to Your faithful Friend and Cousin CHARLES R. Hampton-Court 24 Sept. 1632. And thus ended the Marquis his Expedition into Germany wherein if he missed that Success which himself or others had expected it was no miscarriage nor neglect of his own nor could it be said that he had failed in a jot of what he undertook though almost in every particular the King of Sweden failed to him neither was any thing so much the occasion of these neglects he met
asked why His Majesty had called him the King said to be a Witness of what was done and because he had been before acquainted with the proceedings of that business he was also to be informed of what passed thereafter Then the Marquis desired to know what the Bishops expected he could doe they answered nothing but procure the Peace of the Country and good of the Church he desired they would contribute their assistance for reclaiming the Ministery who were once conformable and for the Ministers that were censured but were now stirring he should deal with them They answered their power was small at that time and their danger great and so inclined to stay still at London but that was overruled the Marquis undertaking that so far as in him lay he should stand betwixt them and danger The Archbishop of Canterbury said much and well on this head so it was agreed that they should go home Next the King expressed how necessary he conceived it was that every one of them should live in their own Diocese Canterbury seconded this and the Bishops acknowledged it was the best way Much was said concerning General Assemblies and that Ecclesiastical matters ought to have been introduced by them and the Marquis was ordered to give assurance that in all time coming nothing substantial should be introduced in the Church but by them Much debate passed about the Oath of admission of Ministers and it was concluded it should be no other than what was warranted by the Law and the Bishops were required to be sparing and moderate for the present both in urging that and the Ceremonies All this His Majesty concluded with his wishes for good success adding that the Marquis had been so far from seeking this Imployment that he had commanded him much against his will to undertakâ— the journey This was in the beginning of May and upon the 7th of May Letters were directed to Scotland giving notice of the Resolutions taken to the Nobility the Marquis wrote also to all his Friends and Dependers to meet him at Hadington the 5th of Iune The next thing that was taken into consideration was the drawing up of his Instructions A Commission in the ordinary form being first drawn there were two Proclamations signed by the King both which are extant the one written with the Earl of Traquair's hand the other by the Marquis the first whereof follows CHARLES R. CHARLES by the Grace of God King of Scotland England The Proclamation sent by the Marquis France and Ireland Defender of the Faith to our Lovits our Sheriffs in that part conjunctly and severally specially constitute Greeting Forsamiekle as We are not ignorant of the great Disorders which have happened of late within this Our ancient Kingdom of Scotland occasioned as is pretended upon the introduction of the Service-book Book of Canons and High Commission thereby fearing Innovations of Religion and Laws for satisfaction of which Fears We well hoped that the two Proclamations of the eleventh of December and nineteenth of February had been abundantly sufficient nevertheless finding that Disorders have daily so increased that a powerful rather than a persuasive way might have been justly expected from Vs yet We out of Our innate Indulgence to Our People grieving to see them run themselves so headlong into Ruine are graciously pleased to try if by a fair way We can reclaim them from their faults rather than let them perish in the same And therefore once for all We have thought fit to declare and hereby to assure all Our good People that We neither are were nor by the Grace of God ever shall be stained with Popish Superstition but by the contrary are resolved to maintain the true Protestant Christian Religion already professed within this Our ancient Kingdom And for further clearing of Scruples We do hereby assure all men that We will neither now nor hereafter press the practice of the aforesaid Canons and Service-book or any thing of that nature but in such a fair and legal way as shall satisfie all Our loving Subjects that We neither intend Innovation in Religion or Laws and for the High Commission We shall so rectifie it with the help of advice of Our Privy Council that it shall never impugn the Laws nor be a just Grievance to Our Loyal Subjects And as hereby it may appear how careful We are to satisfie the foresaid Fears how needless soever of Our good Subjects * So We do hold Our Selves obliged both in Conscience and Honour to hinder the course of that which may prejudge that Royal Authority which God has endued Vs with wherefore understanding that many of Our Subjects have run themselves into seditious and undutiful courses and willing to reduce them rather by a benign than forcible mean because We hope that most of them are drawn thereto blindly out of fear of Innovations are content hereby to declare and promise upon the Word of a King to pardon what is past and not to take notice of the by-gone faults no not so much as of those factious and seditious Bonds upon condition that they seek to Our Mercy by disclaiming the same and in testification of the true sense of their Misdemeanors that they deliver up or continuâ— with their best endeavours to procure the delivering up of the said Bonds into the hands of Our Council or such as Our Council shall appoint Declaring always likeas We by these presents do declare all these to be esteemed and reputed as Traitors in all time coming that shall not renounce and disclaim the said Bond or Bonds within after the publication hereof that is to say Whosoever will from henceforth be thought a good Subject and capable of Our Mercy must either deliver up the same in case he have it or concur with his best endeavours to the delâ—vering up thereof or at least must come to some of Our Privy Council or chief Officers in Burgh or Land and testifie to him that he renounces and disclaims the said Bonds Our Will is therefore and We charge you straitly and command that incontinent this Our Letteâ— seen c. C. R. The other Proclamation penned by the Marquis agrees with the former to the place that is marked * after which it follows thus Another Proclamation So We expect that their behaviour will be such as may give testimony of their Obedience and how sensible they are of Our Grace and Favour that thus pass over their Misdemeanours and by their future carriage make appear it was onely the fear of Innovations that caused those Disorders that have happened of late in this Our Kingdom which now cannot but by this Our Declaration be removed from the hearts of Our loving Subjects but on the contrary if we find not this performed with that chearfulness and alacrity that becomes good and obedient Subjects We declare and hold Our Self obliged in Honour and Conscience to make use of those forcible means which God hath armed Royal Authority with
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
more Messages as may be most for His Majesties Honour and Peace of His Kingdoms which if they shall refuse or despise I hope we will not then forget that it is our King that is reduced to this necessity and that we will never look on unconcerned where he is so deeply engaged I hope you will pardon the Trouble I give you in reading this long ill-written Letter for had I not been Commanded to it by a Power which God willing I shall never disobey it had not been hazarded on by Your most humble Servant LANERICK Nottingham the last of August 1642. The Marquis took all the pains imaginable on Argyle and Lowdon to perswade them to a cordial owning of the Kings Service Much pains taken to engage Scotland to the Kings Service as the only way to give Scotland a lasting Interest in the Kings Affection which also would make them famous all the World over And since the Scotish Troubles had involved the King in all His difficulties it was just they should study to extricate him and for the pretence of Religion with which the English were cajoling our Scotish Clergy he said he was to be pardoned if he presumed to know them better than they could assuring them that Religion was only pretended by them He took also a great deal of pains in many others to prepare them against the day in which the Conservatours were to meet to which Lanerick came with the following Letter from His Majesty Right trusty c. The Kings Letter to the Conservatours of the Peace HAving been informed that upon Petition of the Commissioners from Our late General Assembly Our Council thought fit that you should meet for discharging of that Trust imposed on you by Vs and Our Parliament whereby all fair means may be used to prevent such Troubles and Divisions as may interrupt or endanger the common Peace of Our Kingdom And as it ought to be the continual study of all Good and Pious Princes to preserve their People so certainly it is the Duty of all Loyal and Faithful Subjects to maintain the Greatness and Iust Authority of their Princes so that without this reciprocal Endeavour there can be no Happiness for the Prince nor Security for the People We are sure Our late Actions in Scotland will to all posterity be an acceptable witness of Our Care in preserving the Liberty of those Our Subjects and Our Desire to settle perfect Peace in that Our Kingdom And We are also confident that the many good Acts We have past here since the Sitting of this Parliament indeed denying none but such as denyed Vs any Power at all and were never so much as demanded from any of Our Predecessors will bear the like Testimony of Our Affection to the Good and Peace of this Kingdom though the success hath not been alike For though We have used Our best Endeavours to prevent the present Distractions and threatning Dangers yet so prevalent have been the opposers of Vs and the Peace of Our Kingdoms that not so much as a Treaty can be obtained though by Our several Messages We have descended to demand and press it unless upon such Conditions as would either by taking all Power of Government from Vs make Vs as nothing or by forcing Vs to quit the Protection of such as for obeying Vs according to Law and their Oath of Allegiance they would have Traytors and so make Vs do an Act unworthy of a King Yet so desirous We are to save Our Subjects Blood which cannot but be prodigally spent if We be necessitated by force of Arms to decide these unhappy Differences that no sooner any such Treaty shall be offered unto Vs by them which with Honour and Safety We can receive but We shall chearfully embrace it This We have thought fit to acquaint you with that from Our Selves you may know Our love to Peace and We doubt not but your Meeting at this time will produce something which will witness your tender respect to Our Honour and Safety and so much We do confide in your Affections as We shall absolutely leave the ways and means of expressing it to your selves So We bid you heartily farewell From Our Court at Stafford the 18th of September This so far prevailed with them at their first Meeting The Conservatours incline to serve the King that all things went very fairly so that they sent a Return to the Kings Letters without making any Judgement on the Differences betwixt Him and the Parliament They also resolved to Mediate betwixt the King and the Two Houses and for that end designed to send the Marquis to Holland with an Invitation from Scotland to Her Majesty for her Return to mediate a Peace betwixt the King and Parliament and to invite the Queen And the Marquis got a Paper signed by almost all the Lords not only those who were the best-affected but by Lowdon Argâ—le Waristoun Mr. Alexander Henderson and the other Leaders of the Party containing an Invitation for Her Majesty to come to Scotland with assurance of Security for Her Person and the free exercise of Her Religion for Her Self and Family so that no others were admitted to share in it and that they should concur with Her Majesty in mediating a Peace betwixt the King and the Two Houses which if it were rejected by the Two Houses they obliged themselves to engage for the King against them This was carried with great Address and managed so prudently that wise men called it the Master-peece of the Marquis his Life Lanerick carried it to the King to receive His Pleasure about it a Note whereof follows written by Lanerick in general Terms DIvers of the most considerable of the Nobility of Scotland and send Lanâ—rick to the King have by the Earl of Lanerick humbly offered unto His Majesty their sense of the present Differences betwixt Him and His Parliament of England which they conceive will hardly be reconciled so long as Her Majesty is at so great a distance and therefore are perswaded it would conduce much for Settling these Distractions if Her Majesty might be moved to return and mediate in so good a Work for which end the Marquis of Hamilton if His Majesty think fit and conceive it may be acceptable to Her Majesty will be ready to go to Holland humbly to invite Her Majesty hereunto in Name of this whole Kingdom of Scotland who will as dutiful and faithful Subjects humbly joyn their Endeavours and Mediation with Her Majesty that His Majesty may have Honour and Contentment and His People Happiness and Security under His Royal Government But the King was jealous of them The King at first welcomed this Proposition with a great deal of Joy but upon other grounds he thought not fit to listen to it for his Affection to the Queen made him fear the hazard of Her Person so much that this Proposition was not entertained which the Marquis often regrated as a Loss
which could never be recovered for this raised Jealousies in the minds of the Scotish Lords as if the King had no Confidence in them which was cherished sufficiently by divers Male-contents upon which the Marquis despaired of getting any good done in Scotland All he judged possible thereafter was to prevent and provide against the Evil he feared and that he prosecuted with all the Zeal he was master of which His Majesty understanding by Mr. Mungo Murray Cupbearer wrote him what follows Hamilton YOur Letter and this Bearer hath so fully satisfied me that I cannot be more confident in any thing than that you will beside what you have deserve that mark of Favour I intend you You know me too well to have more words spent upon you only this I think unfit to trust particulars to Paper having so trusâ—y a Messenger whom I stayed this long expecting dayly a Battel but now I think the Rebels want either Courage or Strength to fight before they be forced So referring you to my Servant Mungo I rest Your most assured constant Friend CHARLES R. Wollerhampton the 27th Octob. 1642. The next Meeting of the Conservatours was on the 24th of November The Conservatours become worse affected where their strain seemed much altered to the worse yet they still resolved to interpose in a Mediation betwixt the King and the Parliament of England whereupon they wrote both to the King and the Two Houses for a Safe-conduct to such as they should send up At this time there were great Complaints of some encroachments made upon the Priviledges the Scotish Nation had enjoyed in France The Earl of Louthian is sent to France for Redress whereof the Council thought it necessary to send one to France and made choice of the Earl of Louthian and sent him first to the King with the Instructions they had given him that His Majesty might send him as His Minister to negotiate that Affair One of the Instructions was to get the Marquis put in possession of the Honour and Revenue of Chastle-herault Upon the Earl of Lowthian's coming to Court the Instructions he had from Scotland were called for by His Majesty who judged he had no reason to allow this Precedent of His Subjects instructing His Agents to Foreign Courts and these are yet extant among Lanerick's Papers But the King caused write them over in his Name so that there was no ground from this to charge any thing on the Marquis as tampering with Foreign Princes which was publickly done by his Enemies on this occasion it having been ordinarily recommended by King Iames to all the Ministers he sent from Scotland to France Neither was this done without the Kings particular Knowledge and Orders for besides that the King gave that Instruction with the rest he very seriously recommended it by word of mouth to Lowthian's Care as he informed the Writer After this the Marquis represented to the King that it were fit he should send down some person of Quality to give fresh Assurances and Hopes before they sent up their Commissioners Lanerick is sent back to Scotland whereupon the King sent down the Earl of Lanerick as the person who understood his thoughts best and was ablest to second his Brother in advancing his Service He came from Oxford in the beginning of December and brought the following Letter from the King to his Brother Hamilton THough the Trust of this Bearer needs not a Credential Letter An extraordinary Letter of the Kings yet the Civility of a Friend cannot but under his hand as well as by word of mouth express his Kindness and resentment of Courtesies which of late have been such that you have given me just cause to give you better Thanks than I will offer at in in words I shall not neglect the lazie use of so trusty a Bearer by referring to him not only the estate of my Affairs here but likewise in what way you will be of most use to Me yet I cannot but tell you I have set up my rest upon the Iustice of my Cause being resolved that no extremity or misfortune shall make me yield for I will be either a Glorious King or a Patient Martyr and as yet not being the first nor at this present apprehending the other I think it now no unfit time to express this my Resolution unto you One thing more which but for the Messenger were too much trust to Paper the sailing to one Friend hath indeed gone very near me wherefore I am resolved that no Consideration whatsoever shall ever make me doe the like Vpon this Ground I am certain that God hath either so totally forgiven me that he will still bless this Good Cause in my Hands or that all my Punishment shall be in this World which without performing what I have resolved I cannot flatter my self will end here This accustomed Freedom will I am confident add chearfulness to your honest Resolutions seeing beside Generosity to which I pretend a little my Conscience will make me stick to my Friends assuring you I have none if I am not Your most assured constant Friend CHARLES R. Oxford 2d Decemb. 1642. This excellent Letter will both shew what pious Resentments His Majesty carried along with him in the greatest perplexities of his Affairs and discover how he did not think that the Marquis had either neglected or abused his Trust. Lanerick acted with more briskness and spoke more home and roundly than his Brother which preserved him in a high degree from the Jealousies which the smoothness of his carriage brought upon him Now the Pulpits were not idle for the Ministers begun again to work on the People The Ministers perswade the People to Arms. for the Defence of the Good Cause now in hazard which was ecchoed back with the applause of the Vulgar The Marquis and Argyle at enmity At this time the Marquis his Friendship with Argyle grew to a Coldness which after a few moneths turned into an Enmity for he finding Argyle so backward in all motions for the Kings Service and that he could not be prevailed upon to continue in a Neutrality in the English quarrel broke with him There was then in Scotland one Pickering an Agent from England who studied to poyson all with Misinformations of the Kings Proceedings and Designs The Marquis is complained of England as the Incendiary He wrote to Mr. Pym that he found good inclinations with all in Scotland to own their Quarrel and declare for them only the Marquis with his Friends resisted it so powerfully that till he were laid aside the success of his Negotiation was to be feared Wherefore he advised to proceed against him roundly and either to summon him to the House of Peers or to send down a Warrant to pursue him in Scotland as the Incendiary betwixt the two Kingdoms and he sent threatnings of this to the Marquis but he found his firmness to the Kings Service was proof against all
Attempts and he could neither be caressed nor cudgelled out of it Most of Pickering's Letters both to Pym and Clotworthy were intercepted from which I draw these Accounts About the 20th of December there was a Council-day a particular account whereof I shall give Great debates in the Council about the Kings Declaration as I have it from a Copy of a Letter written to London in which the Chancellour presented to the Council a Letter from my Lord Lindsay then at London with the Declaration of the Parliament But though the Lords of that Party knew nothing of this yet by private Letters Lanerick had some conjectures of it beforehand After the Parliaments Paper was twice read Lowdon resumed it fully and assoon as he had done with that Lanerick delivered another Letter from the King with as large a Declaration within it and after it was twice read Lanerick bade the Chancellour resume it as faithfully as he had done the former which accordingly he did The first thing the Marquis thought best to move as that of the least Importance which yet would discover how the Council was inclined was the Publishing the Kings Declaration The Lord Balmerino said the Parliament desired not theirs to be published so it were Officiousness to do it but that it were Injustice to publish the one without the other The Marquis asked was that because we owed as much to the Parliament of England as to the King Lanerick added he had a Command from the King for it Argyle answered they sate there to good purpose if every Message to them was a Command and they two let fly at one another for a while with much eagerness But the Marquis and Balmerino took the debate off their hands and managed it more calmly The Marquis said the Vote was to be stated Obey or Not obey the other answered that was the Bishops way of proceeding to procure Orders from the King without Advice and then charge all who offered better Counsel with Disobedience The Marquis said to what did they mean to reduce the Kings Authority if he might not set out Declarations for removing the Aspersions were cast on his Person and Government or would they speak plainly were they afraid that his Subjects might have too good an opinion of him if they heard himself There appeared a variety of Opinions before it was put to the Vote some were for Printing both some were for Printing neither some for Printing the Kings and not the Parliaments and one had a singular Opinion for Printing the Parliaments and not the Kings There were one and twenty Councellours present and it being put to the Vote Print or not Print there were eleven who voted I I I and nine voted No No No. This being carried that the Kings Declaration and not the Parliments should be Printed the Marquis moved next that the matter of these Declarations might be considered But the Lord Balmerino said the Parliament of England was long in contriving their Paper and the King and those about him had been no doubt as long in forming the other and if we shall fall upon a few hours Consideration to give our sense of them we were pretty fellows in faith which he twice repeated This rude Raillery touched the Marquis in the quick because he conceived these words were not so much a reflexion upon himself as on the King who on another great occasion had used the same expression However they had sate and debated long so they gave it over for that day This is set down more particularly because it was the first instance that these two Parties fell visibly asunder and henceforth they continued stated in two Factions But because I love not to name persons upon invidious occasions henceforth all the other Faction shall be designed by the General term of the Church-party others calling them Argyl's Party and the other the Hamilton-party However the Declaration was printed which drew a large share of Censure and Hatred on the two Brothers but the King was so well pleased with their Behaviour that he wrote the Marquis the following Letter Hamilton YOu know I am ill at words I think it were best for me to say to you as Mr. Major did you know my mind and indeed I know none of my Subjects that knows it better and having for the present little else to give my Servants but thanks I hold it a particular Misfortune that I can do it no better therefore this must suffice I see you are as good as your word and you shall find me as good in mine of being Your most assured constant Friend CHARLES R. Oxford December 29th 1642. An. 1643. POSTSCRIPT You cannot take to your self nor express to your Brother better thanks than I mean to you both for the Service you did me the last Council-day Anno 1643. THe next Year begun with Petitions which were brought from divers Shires and Presbyteries complaining of their Publishing the late Declaration but the Conservatours of Peace who were for the most part of the Church-party made this up the best way they could Most are inclined to joyn with the Two Houses against the King for first they declared a Publication was not an Approbation next they appointed the Parliaments Declaration to be also Published At this time the Marquis and Traquair renewed their old Friendship and seeing these Petitions coming in so fast which did clearly insinuate desires of engaging in the Parliaments Quarrel he with his Brother's and Traquair's advice contrived a Cross Petition to be offered to the Lords of Council And as the Motion of it came first from him so the first draught of it was from his Pen of which I find an account under Lanerick's hand so little reason there was to charge him with Juggling in that matter though it was not fit he should have owned it lest upon that account the Church-party might either have accused him as a Plotter or at least cast him from Sitting and Judging in it The Petition follows May it please your Lordships The Cross Petition THat whereas His Majesty with Advice of his Great Council the Estates of Parliament hath been pleased to select your Lordships to be His Councellours and hath by an Act of the late Parliament committed to your Lordships the Administration and Government of this Kingdom in all Affairs concerning the Good Peace and Happiness thereof and in regard of that great Trust reposed by His Majesty and the Estates of Parliament in you your Lordships have been and will continue so careful to acquit your selves of that weighty Charge as you may be answerable for all your Actions and Proceedings to His Majesty and the Estates of Parliament to whom as we conceive you are and can only be accomptable And now we being informed of a Petition presented by some Noblemen Gentlemen and others to the Commissioners for conserving the Articles of the late Treaty upon pretext of your Lordships not Sitting at that time
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
so bless Vs here in England as to protect Vs from the Malice of Our Enemies Religion and the now-established Government of Our Native Kingdom would be in danger We laying aside all Consideration of Our Own particular resolve on Our part to endeavour by all possible means to prevent all colour or ground of Division betwixt Vs and Our good Subjects of Scotland and therefore do permit you to Meet Consult and Conclude upon the best and readiest ways of Supplying the present wants of Our Scotish Army in Ireland and providing for their future Entertainment there until some solid Course be taken for recovering of the Arrears due to them and for their constant Pay in time coming according to the Conditions agreed upon in the Treatâ— as also to advise upon the best way of Relieving the Publick Burdens of that Our Kingdom of Scotland by pressing by all fair and lawful means a speedy Payment of the Remainder of the Brotherly Assistance due from England as likewise to prevent the Practices of such as study to entertain in this Our Kingdom groundless Iealousies and Fears of Innovation of Religion or Government the Preservation whereof according to Our many Solemn Protestations shall ever be most Sacred to Vs providing always that in doing these things nothing be done which may tend to the Raising of Arms or Recalling Our Scotish Army or any part thereof from Ireland but by Order from Vs and Our Two Houses of Parliament according to the Treaty agreed upon to that effect and We do require you to limit your Consultations and Conclusions to the foresaid Particulars And as by this and many other Our former Acts of Grace and Favour to that Our Native Kingdom it clearly appears how desirous We are of preserving their Affections and preventing all occasions of Mistakes betwixt Vs and them so We do expect that your Proceedings at this time will be such as may shew your tender Care of Vs and Our Greatness which by so many Oaths and Obligations you are tied to preserve Given at Our Court at Oxford the 10th of Iune 1643. Mean-while the Duke and his Brother advertised both their Majesties of the great apprehensions they had of Mischief from Scotland and besought His Majesty The Duke studies to keep Scotland from agreeing wâ—â—h the Two Houses that so long as they were idle in Scotland he should be busie in England for his good Success there was that which would engage most to appear for him here and they with those trusted with them made the Lord Chancellour understand the hazard he was in if the Annuities were discharged and accordingly filled up one of the Blanks with a Proclamation discharging them to all who had Signed the Petition against them which yet remains but without a Date and Signeting The Lord Chancellour was very sensible of the ruine of his Fortune which would follow from the Publishing of that which certainly would be popular as being an ease of the Subjects and therefore promised to them to use his utmost Endeavours to put all the stops he could in the Agreement with England wherefore with joint consent they resolved to proceed no further in that Affair for that time and accordingly the Lord Chancellour was very instrumental though covertly in getting things kept off so long for had not much Art been used the Church-party were inclined immediately upon the opening of the Convention to have engaged in the Quarrel for the Two Houses The 22th of Iune came and the Convention sate down The Convention sits which is a Court made up of all the Members of Parliament but as they are called and sit without the state or formalities used in Parliaments so their Power is to raise Money or Forces but they cannot make or repeal Laws The Duke and his Friends as they answered to their names declared they were present upon the notice they had of the Kings Warranting of the Convention After that Lanerick delivered the Kings Letter of the 10th of Iune and it being read drew on a great Debate which lasted four days whether the Convention was free or not and if bound up to the limits of the Kings Letter or not The grounds of the Debate were on the one side it was certain that by the Law of Scotland no Assembly of that nature could be called but on the Kings Writ and therefore there was a Nullity in the beginning of it but that now the King ex post facto allowing them as a Meeting of His Subjects to consider of some Particulars they could pretend to no Authority but what that Letter gave them therefore they had not the Authority of a Convention of Estates but were only a Meeting of so many Subjects to consult of some Affairs On the other side it was said that the Convention was summoned by a Writ under the Great Seal which was all that the Subjects were to look for they not being concerned to look into the Kings secret Orders or private Pleasure so this was a sufficient Authority for their Sitting and for the Kings Letter though it seemed he was not well-pleased with his Council for it yet it did not annull the former Writ nor indeed could it and it was essential to all Meetings of that nature to be free and not limited in their Consultations for if the King calls a Parliament or Convention their Freedom cannot be restrained to such Particulars as the King would limit them to otherwise the Grievances of the Nation should never be considered therefore they concluded it either must be no Convention at all or if it was one it must be left at liberty to treat of all the Affairs of the Nation The Duke and his Brother were the great Arguers on the one side and when they saw how it was like to go they resolved to Protest and leave them But the Kings Advocate told them that if the Convention were Voted a free Convention then to Protest against it was Treason but they might declare their Judgments and thereupon take Instruments which was equivalent to a Protestation and more Legal and they judging this punctilio of the word Protest of no Importance resolved to follow his Advice So on the 26th of Iune it being put to the Vote a Free Convention or not the Duke voted it no Convention but as regulated by the Kings Letter so did eighteen Lords and but one Knight all the rest voting it a Free Convention Whereupon the Duke rose up and declared he could no more own that for a Free Convention nor acknowledge any of their Acts or Orders further than as they kept within the bounds of the Kings Letter My Lord Argyle asked did he by that Protest against the Convention my Lord Lanerick answered they meant not to Protest but declare and take Instruments both in the Kings Name and their own which accordingly they did and so removed Only Lanerick required them to record the Kings Letter which was refused next he craved an
Instrument of his producing it which was also refused so having taken witness of it he withdrew and none of these Lords would sit in the Convention any more After this some came to the Duke and asked his Advice if they should sit or not he suspected their Intentions were only to betray him and told them that his Practice declared his own Judgment which he wished the whole Convention had followed but for particular Advices he left it to themselves Others of their Friends were by them all thought necessary to sit still in the Convention to keep up delays in the approaching Treaty with the English but divers of their Friends being over-awed with the Power of the Church-party did forsake them Great Jealousies and Divisions in Scotland At the same time some of the Church-party who feared the Duke more than all that opposed them knowing the depth of his Designs and the smoothness of his Address took a strange Course to render him suspected to the Kings Party which was to let a Whisper fly out but so as they should not appear in it that he and they kept a Correspondence which was too easily believed by many who were already ill-affected to his Person and displeased with his Methods and the great forwardness of some for appearing in the Kings Service made them impatient of all Delays But the Duke sent divers Messages by Mr. Murray of the Bed-chamber who was at that time sent by His Majesty to Scotland to those of the Kings Friends who he saw were displeased with him to mediate a Reconciliation who dealt in it with all possible diligence but their Jealousies of the Duke were insuperable And a little after that in the end of Iuly some of them went to Court to represent to the King how ill His Affairs were managed by those He trusted them to and to offer their Serviâ—e if He would change his Tools and Methods The Duke upon this wrote to the King that he found himself betwixt two Tides of those who were perverse on the one hand and over-forward on the other yet he wished not only Life and Fortune but his Soul might perish if he left any thing unessayed and undone that was in his power for the Kings Service But all in which he could hope to prevail was Delays which to draw out longer than this Winter he could not promise And the Methods he used to draw out the Treaty by Delays were to set some on work to get Scotland to insist on their Demands for the rest of the Brotherly Assistance and for what was agreed to by the former years Treaty to be paid for the Army in Ireland before they engaged further all which amounted to a round Sum and he knew it would neither be soon nor easily advanced The time of the Assembly was also approaching wherefore they advised the King for his Advocates encouragement to Name him Commissioner for it The Convention did little at first only they begun a new Process against some alledged Incendiaries and named many Committees waiting still for the English Commissioners who were daily expected On the first of August came the Kings Advocat's Commission with his Instructions and a Letter to the Assembly His Instructions were First to assure the Assembly of the Kings constant adherence to the late Establishment and his willingness to encourage all good Motions He was to oppose all Treaty with England or Declarations about the Commotions there He was to oppose any new Commission of the Kirk He was to hinder any Censure to pass on those who had subscribed the Cross Petition On the second of August the Assembly sat down The General Assembly sitâ— but no curb could hold them so high was their Zeal and so void were they of respect of Persons that the opposition the Kings Commissioner gave them was little regarded for they went on at a great rate The Convention voted an hundred thousand Marks Sterling to be raised by a Loan this was a pretty Device to fine all that were not judged well-affected for they were appointed to lend Sums upon the Publick Faith which every one knew would turn to no Security for their Money On the ninth of August came the much-longed for Commissioners from England Commissioners come from England with a large Declaration from the Two Houses justifying all their Procedure and intreating the assistance of their Brethren in Scotland This was cheerfully welcomed by the Assembly and some did run so far back as to remember how Queen Elizabeth helped the Lords of the Congregation in the Scotish Reformation in opposition to the Queen Regent and therefore it was but Justice that they should now repay them with the like Assistance But that which generally prevailed to engage the greater part of the Nation in the War The Arguments that prevailed for entring in a League with them shall here be set down with that fulness and freedom that becomes a Historian The now Duke of Newcastle had raised a great Army in the North of England for the King upon which that Countrey was like to be for some time the seat of the War and though Berwick and Carlisle had no Garrisons in them according to the Treaty between both Kingdoms yet it was not to be doubted but either the one side or the other would see their advantage in putting Garrisons in these places upon which all in Scotland judged it necessary to raise some Forces otherwise the best Counties in Scotland which lye toward the South had been put under Contribution by those Garrisons and they had been all a prey to the prevailing Army yea and which side soever were either beaten or straitned it was not to be doubted but they would send in Parties to Scotland to bring Provisions and what else could be had therefore it was Concluded that a Force must be raised for the Security of Scotland This being laid down it was not uneasie to perswade all that it was better to carry in and maintain their Army in England than keep it in Scotland to be a vast Charge upon themselves And the Forces that were raised in the years 1639 and 40 had been very heavy on the chief Nobility and Gentry nor had the Brotherly Assistance which the Two Houses had Voted to be raised for their reimbursement come to their Supply the War of England intercepting it therefore they had generally a great mind to Quarter their Army in England Now this could not be done they keeping up the Neutrality they were then in therefore they must either joyn with the King or the Two Houses For joyning with the King many Arguments were used both from the Laws of Scotland that obliged all the Subjects to assist the King in his Wars and from the Covenant wherein they swore to assist Him in every cause in which His Majesties Honour was concerned There were also private assurances given not only to the leading Men but to the whole Nation of signal
to come and wait on Him And for the Militia the Scots had declared themselves satisfied with the Kings Concessions about it wherefore He desired they would stick to Him according to their Promises As for Religion He desired they would represent to those who were best-affected how dangerous it would be to insist too much on that at this time when the greatest hazard was from the Sectaries and that His Majesties consenting to a temporary Establishment of what they craved did put them in a fair way to their Desires And beside all this it was recommended to them to procure a delay of the Desire for an answer to the Propositions till the 16th of September When these Instructions were given them the King desired their promise first of Secrecy next of Fidelity in discharging what was intrusted to them for the second they undertook it but refused the first except the King also promised Secrecy His Majesty presently apprehended their Design was that the Duke and his Brother might understand nothing of their Imployment and finding it was a thing wherein neither of them was concerned He thought it unfit to disoblige Argyle by that Refusal since he was so able to serve him if he should be Cordial in it and He was secure of the two Brothers that if they mistook His Reservedness it would be easie for Him to clear Himself afterwards Yet this Secret was ill-kept among them for the Earl of Lauderdale had notice of it as he told the Author before they came to London but opposed much the seeking a Delay to a prefixed day since he knew that could not be granted without adding a dreadful Sanction of Deposing the King in case a favourable Answer came not against the day appointed and found it would be easier to procure a Delay by other Methods than by asking it The Duke and his Brother were much troubled with the Kings Reservedness in that Affair but assoon as they understood the ground of it they were satisfied But what success that Negotiation had or how it was managed doth not appear to me from any of the Duke's Papers In the beginning of August the Duke went to Scotland where his greatest Care was to see what could be done to get the Committee of Estates to be satisfied with the Kings Concessions The Duke deals with the Committee of Estates to get them to acquiesce in His Majesties Concessions representing to them how they did at once put England in the possession of the desired Church-Government and set the other out of the way which was a great stop to their full satisfaction He desired they would consider how inhumane and unchristian it was to force the Kings Conscience and how much it favoured of the Violence they had lately condemned in the Bishops It was visible that nothing but Conscience could be imagined to lye in the way of the Kings Accepting the Propositions and were His Majesty like many Princes to swallow down all things and belch them up at their Pleasure there would be less ado made but the Kings sticking at what He could not yield did abundantly secure them of His making good to them all that was promised On the other hand they were to consider that if they should now desert the King and bring their Army out of England it would make them odious through the whole World and the payment of the Arrears of their Army would pass under a far worse Character Besides England was divided and the Party that was most prevalent among them waâ— the Independent with the other Sectaries who would never carry on the Settlement of Religion and by their present carriage at London it appeared what Friendship they had for Scotland wherefore he moved earnestly that their Army should not be brought out of England till a firm Peace should be established according to the first Treaty Anno 1643. but was opposed by the Ministers This did shake many but some of the Leading Church-men were not satisfied with this and represented to their Party that all this was said smoothly to engage them to the Kings Quarrel which they were resolved never to do till the Covenant were taken by Him Neither were they well-satisfied with the Duke for his being instrumental in the Agreement with Montrose and his Party and it was preached to his face that all the Bloud that was lately shed would lye on them and their Posterity who for the pleasing of men had procured such Favour to the Enemies of God and of his Cause and People In the end of August they sent the Duke with the Earls of Crawford and Casilis and some others to deal with His Majesty for a speedy granting of the Propositions The Duke is sent to the King to obtain from him the granting the Propositions and to represent to him all the inconveniences that followed even upon a Delay much more upon a Denial The Duke had no willingness to the Employment misdoubting the Success and knowing his engaging avowedly in such a Message would be misrepresented but there was no avoiding of it for had he declined it he would have been suspected of being an ill Instrument and of Aversion from the thing which would have disabled him much from going on with the Kings Service They came to Newcastle in the beginning of September where they discharged themselves of their Commission to the full But the King answered them in the following Paper yet extant under His Majesties Hand My Lords I Shall begin by answering what you have now said for I assure you I had not thus long delayed My Answer The Kings Answer to their Desires but to weigh fully those Reasons and Arguments which you have laid before Me whereby to use the uttermost of My Endeavours to give you all poâ—sible Satisfaction for you having told Me nothing but what I have heard before the change of Answer could hardly be expected And now I do earnestly desire you to consider what it is that I desire which is To be heard which if a King should refuse to any of His Subjects He would for that be thought a Tyrant For this if I had but slight Reasons it were the less to be regarded but they are such upon which such a Peace as we all desire doth depend for albeit it is possible that if I should grant all you desire a Peace might be slubbered up yet it is impossible that it should be durable unless there should be a right Vnderstanding betwixt Me and My People which cannot be without granting of what I desire Yet I desire to be rightly understood for though many like to Esops Fable will call Ears Hornes yet let men say what they will I am far from giving you a Negative nay I Protest against it My only Desire being to be heard for I am confident that upon Debate I shall so satisfie them in some things as likewise I believe they may satisfie me in many things that we shall come to
Discontent Constructions which are not possible for him to make but obvious to malevolent humours That although you should not be suspected to be any ways accessory to disloyal Courses it will be said you are one of those who could have best hindred them That your Countrey and Friends may say you have deserted them in their greatest Exigences and that Differences may be reconciled betwixt His Majesty and His Subjects by the endeavours of others These Commands were both peremptory and obliging so that they could not fail of conquering all his Resistance and carrying his Obedience after them which were strengthened from the Letter he had at that same time from Her Majesty which follows Cousin THe account the King hath given me of your Aâ—fection for His Interest and those marks of it which from other hands have met me do so sensibly affect me that without any difficulty or scruple I do now entertain you with my Acknowledgments and Resentments of it before I have heard from you and I assure you of the satisfaction I shall ever have of the Continuance of it from you which I shall desire may be as intire and full as the Returns I shall study to make to you being resolved to lay hold on all occasiâ—ns by which I may discover my Friendship for you and to express the Esteem I have of your Friendship by all means that may depend on my cares which I shall imploy in giving you day by day new Proofs that I am and ever shall be Your affectionate Cousin and Friend HENRIETA MARIA R. St. Germanes 22th September Upon these Intreaties and Assurances he was made to change his purpose though he could not so easily part with his Melancholy thoughts which he expressed in this following Letter May it please Your Sacred Majesty THe Reasons You were pleased to offer to my Brother And writes to the King and Sir Robert Murray for diverting my Resolution of leaving Your Majesties Dominions at this time were I confess of strength enough to have fixed me in any place of the World where Your Majesties Service was concerned but now seeing Your Majesty hath honoured me so much as by Your Gracious Letter Your Self to shew me still Your dislike thereof how dare I dispute what Your Majesty thinks unfit and now Sir the Thoughts I formerly had of leaving as it were the World because I would not be a witness of what I feared Your Majesties Fall since as I conceive I could not be instrumental to Your Service or Preservation upon the Grounds Your Majesty went on shall be changed into a Resolution of being most miserable in Your Dominions if it shall not please God to deliver You out of those Difficulties Your Majesty is in for I take God to witness upon Your Happiness depends my greatest worldly Ioy how unfortunately soever I have of late been misunderstood And though I cannot promise my self so much good Fortune as to prove useful to Your Majesty yet I dare and do engage for a cheerful Willingness and perfect Fidelity in Your Majesties Service and trust that God in his Mercy will so direct Your Majesty as by timeously granting the now necessary and most pressing Demands of Your Kingdoms the great Evils will be prevented that threaten Your Sacred Self the Queens Majesty and Your Royal Posterity and likewise that of having any other Guard to attend Your Royal Person than such as shall be approved of by You or Your Majesties being necessitated to retire into Scotland vpon the return of the Scotish Army where I apprehend Your Majesties Entertainment will not answer Your Expectation nor prove at all advantagious to Your Service More I will not presume to say but shall really study in all things to serve Your Majesty and ever give such ready Obedience to Your Commands as becometh Your Majesties most faithful most loyal and most obedient Subject and Servant HAMILTON Kinneel 6th Octob. 1646. A day or two after His Majesty received this Letter He wrote the following Letter to my Lord Lanerick the Post-script whereof seems to relate to the Letter he had received from his Brother Lanerick BEfore now I had not matter to write to you and now I have so much that I shall say the less leaving this inclosed to speak for me But thus much I must assure you of that I have herein gone the utmost length as you call it to give all possible Satisfaction for upon my word one jot further cannot be gone by Your most assured real constant Friend CHARLES R. Newcastle 15th Octob. 1646. POSTSCRIPT Tell your Brother that it were a fault to him to trouble my Self in Complementing with him and indeed to either of you any ways to doubt but that you will make the best use you may of what I now send you for my Service The inclosed Paper is to be found among His Majesties printed Messages to the Two Houses and therefore it is not inserted here But the satisfaction the King had in the Dukes consenting to stay still in Scotland appears by the end of the next Letter he wrote to himself Hamilton THis is rather to perform my Promise to a Lady than that I believe it to be needful in respect of you for I know you naturally so much favour all my Friends and know so well the great Estimation I have of the Earl of Brainford beside what hath been told you concerning him by your Brother Lanerick by my Directions that I am certain without this you will favour his business what you can and since I am writing I must say that there is no particular Mans business wherein you can give me so much Contentment as this of which I need say no more but only that you will shew his Wife that my Recommendation to you of her Lords Affairs is real and hearty Nor can I end this without taking notice to you of the Contentment I had that my last Letter to you had the wished for operation for besides the obtaining my end which several ways is satisfactorily useful to Me I see that all men have not forsaken Reason or at least that I am sometimes in the Right as I am confident you will make appear the great Reason I have to be Your most assured real constant Friend CHARLES R. But to return to Publick Affairs the Duke at his coming to Scotland The Duke labours to engage Scotland for a Personal Treaty procured new Instructions to be sent to their Commissioners at London to press a Personal Treaty and that the King might be with Safety and Honour in England and that it might be declared that the Government of England should still continue according to the Fundamental Laws The chief business at Westminster was to be rid of their Brethren of Scotland wherefore they fell a-treating about the Removal of the Army and the Delivery of the Garrisons The Scots demanded five hundred thousand pounds Sterlâ—ng and of that Sum two hundred thousand pound
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
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
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
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
that had been sent from Edinburgh but before I go further a little must be premised of the state of the Army and of those who commanded it The chief Officers of the Army The Duke was General of whom I find an old experienced Souldier who served under him passing this judgment His Conduct of Forces was as good as that of any under his Command without exception but it was his Fate I dare not say his Fault in Military matters as was his Masters in Political Affairs not to trust to his own Iudgment but to the Iudgments of others though inferiour as all the World knew to their own and to this Character all with whom the Writer ever spake who served in that Army did agree Calander's Character The Lieutenant-General was the Earl of Calander who was bred from his youth a Souldier in the Wars of Germany and the Low-Countries where he long commanded a Regiment of Scotish Foot and had gained deservedly the reputation of a man of great Courage and understood well the Dutch Discipline of War which he observed with a strictness that seemed not free of Affectation The promptness of his Deportment and the Authority he usually took on him being judged far beyond his skill in the Conduct of an Army he was made Lieutenant-General of the Scotish Army that went against the King under General Lesley Anno 1640 and joyned with Montrose and the other Noblemen and Gentlemen who signed the Bond mentioned in the account of that Year and from that time he continued for some Years in a great Friendship with Montrose which as it did alienate the Church-party from him so it set him at a distance from the Duke of whom he was ready both to receive and give ill Impressions Yet he having made great and constant Professions of Loyalty and having got himself to make a considerable figure among some Noblemen who were called the Kings Party a Conjunction with him being also earnestly recommended by the Queen in her Letters to the Duke he and some of his Friends though many condemned the choice were easily induced to such an opinion of the Reality of Calander's Loyalty and Military Conduct and Courage as to accept of him for Lieutenant-General of the Army though the Duke had no reason to have any confidence in his Friendship But as he left nothing undone to overcome all Obstacles that lay in the way of this loyal Expedition so he complied with divers things that were uneasie to him whereof this was none of the least because he would leave no ground for Calumny it self to charge him with Slackness in attempting to do this signal Service to God the King and his Country The Lieutenant-General was quickly observed to design a Faction in the Army for himself and to oppose all that the General suggested which he did so peremptorily that he usually pressed all his own Propositions with such warm Language as that the Kings Service was ruined if other Courses were followed and this never failed to over-rule the Duke and in effect he gave away almost his whole Power to him But if he expected little Friendship from Calander he had as much confidence in Middleton Lieutenant-General of the Horse who was a Person of great Courage and Honour and none had been more gallantly active in carrying on this Expedition than he was for which and other Great Services he was by His Majesty that now reigns created Earl of Middleton nor had he less assurance of Baylie Lieutenant-General of the Foot who had given many signal demonstrations of Valour and Conduct The Inferiour Officers stood all divided according as their Affections led them either to the General or Lieutenant-General and thus was the Army modelled The Regiments were not full many of them scarce exceeded half their number and not the fifth man could handle Pike or Musket The Horse were the best mounted that ever Scotland set out yet most of the Troopers were raw and undisciplined They had no Artillery not so much as one Field-piece very little Ammunition and very few Horse to carry it for want of which the Duke stayed often in the Reer of the whole Army till the Country-men brought in Horses and then conveyed it with his own Guard of Horse Thus the precipitating of Affairs in England forced them on a March before they were in any posture for it but now they were engaged and they must go forward an account whereof follows but not drawn as the former Parts of this Work have been from the Dukes Papers and little Notes he used to take on all occasions for if any of these were taken by him in this Expedition they were either destroyed by himself or fell into the Enemies hands when he was made Prisoner so that the Writer was forced to seek help from others for supplying this Defect and procured divers Relations from very worthy Gentlemen who were Eye-Witnesses or Actors in the whole Affair upon whose Informations he must rest and therefore offers them as follows UPon the Armies march to Carlisle Lambert drew back and we advanced to Crofton-Hall where we lay about eight or ten days The account of the March of the Army from thence we went towards Penreith but the Duke sent out a Party of some three hundred Horse who discovered the Enemies Main-Guard of Horse and gave the General notice of it who thereupon commanded the whole Cavalry to march purposing to fall upon the Enemy that very night and he sent orders to Baylie to hasten the advance of the Infantry A full discovery being made of the Enemy our Cavalry was drawn up in their view where expecting the advance of the Foot we stood in Arms till night but about midnight the Enemy drew off quietly Next morning betimes a great rain falling we advanced to a Bridge a mile beyond Penreith with design to engage the Enemy but missing our hopes were forced for our accomodation in Quartering to return to Penreith Next day my Lord Levingstoun commanding a Party of Horse discovered the Enemies Main-Guard within a mile of Appleby-Castle in Westmoreland consisting of about three hundred Horse of which having sent advertisement to the General he ordered the Army to march immediately towards the Enemy and Middleton commanded the Captain of the Generals Troop to charge who beat back the Enemies Horse into the Town of Appleby That evening our whole Cavalry made a stand for several hours expecting the advance of Langdale who being marched up did presently with his Foot engage with the Enemy into the Town till it was dark Our Infantry Quartered that night on the Moor near Appleby but before the next morning the Enemy marched away both Horse and Foot leaving only a Garrison in Appleby-Castle and did cut the Bridge so that it was impossible to follow for the rains had fallen in such abundance that the Waters were not to be forded whereupon we went to Kirby-thure in Cumberland where we lay three Weeks
and persist in the Causes in the which you are now engaged contrary to the Declaration of the General Assembly and their Commissioners We do hereby certifie you that all who have been Active in the late Engagement as well those in England as those in this Kingdom and all such as have or shall hereafter joyn with you are to be declared Enemies to both Kingdoms and that this Kingdom will be necessitated to concur with the Kingdom of England for punishing them accordingly as breakers of the Covenant and Treaties We leave it to you seriously to consider whether the Ways and Courses you are upon be really for the good of the King and this Kingdom or a safe way for the relief of your Friends that are Prisoners in England Signed By Warrant and Command of the Noblemen Officers and Gentlemen now in Armes for the Covenant THO. HENDERSON Edinb 20th Sept. 1648. After some dayes treating upon the Heads wherein they differed the Treaty was finished upon the 26th of September those at Sterlin yielding to the Propositions made by the Whiggamors And it was agreed that the Irish Army should be suffered to march to Ireland and should have free Passage thither that none should be questioned for what was past only that all who had been in the Engagement should lay down their Offices and places of Trust and not be permitted to sit in any Judicatory and that all Publick Matters should be referred to the Determination of the Parliament and the General Assembly It was very soon after the closing of the Treaty remarked how small regard was had to it for the Troops being once dissipated and those who were to go to Ireland being on their March thither there came News that the Garrisons of Carrick-Fergus Belfast and Culrain belonging to the Scotish Army in Ireland under the Command of Major-General Robert Monro were basely betrayed under Trust by his own Officers and Countrey-men into the hands of General Monk for the Parliament of England This being spread about the people of the West Countrey fell upon those who were returning to Ireland plundered abused and dispersed them in their way betwixt Glasgow and Air and after a few days a Proclamation was issued out at Edinbourgh commanding all persons who had been in the Army designed by the name of the unlawful Engagement to remove at least twelve Miles from Town under pain of Imprisonment Cromwell being on his way thither And thus ended the design of the Engagement gallantly undertaken and well contrived but unfortunately and fatally brought to nothing The Whiggamors having now possessed themselves of the Power their Leaders did constitute themselves into a Committee of Estates for hitherto they had acted in no Legal Character There were divers among them who were by Authority of Parliament commissionated to be of the Committee of Estates but with this express Provision that they should not be capable of Sitting there till they had owned the Resolutions and Declarations of the Parliament for divers of those who dissented were named to be of the Committee that so there might be a fair way for bringing them off from their Opposition But now all these without regarding that Provision pretended they were a Quorum of the Committee of Estates and that so they were warranted by Authority of Parliament to Act in that Supreme Authority They sent a Message to the King in their usual style and were very careful to give no Umbrage to the Parliament of England and so not only entertained Cromwell with all the expressions of Friendship and Confidence imaginable delivering Berwick and Carlisle to him but sent Commissioners with the following Instructions to the Two Houses YOu shall repair to London and deliver our Letter to the Honourable Houses of the Parliament of England Their Instructions to the Two Houses You shall excuse the long delay in sending to them and in the mean time let them know we hold Correspondence with the Commander in Chief of their Forces You shall give them a Narrative of our whole Proceedings according to the Declaration of the Kirk and our own particularly you shall acquaint them with our Proceedings in opposition to the late unlawful Engagement and what Industry was used on the other part for the Election of Malignants to be Members of Parliament and how unlawfully some were admitted to sit in Parliament and great numbers of Malignants were brought in from England to over-awe the honest Party and how many of the Army were corrupted And you shall further represent particularly the great Sufferings and Oppressions of honest men and that before they heard any thing of the Defeat of the Forces under Duke Hamilton in England they had resolved on the manner and time of their Rising in Arms here in this Kingdom against the Promoters and Abettors of that Engagement and their Adherents You shall also shew them the result of the Treaty betwixt us and those Armies about Sterlin and how useful their Forces have been to us by being at so near a distance You shall endeavour to take away all Mis-information or Mis-constructions of any of our former Proceedings and settle a good Vnderstanding betwixt them and the honest protesting Party in Scotland and you shall show them the continued evil Principles Malice and Designs of the Malignant Party in this Kingdom yet to trouble our Peace and interrupt theirs and as they call it not to live and outlive the not carrying on so pious and loyal an Engagement and that some of them are going to Holland with an intention as we are informed to bring over Forces if they can therefore we have caused deliver Berwick to be disposed of for the Good of both Kingdoms and given the like Warrant for Carlisle and that it is also surrendred or presently to surrender for the use foresaid So we agree during these Troubles until the Peace of this Kingdom be settled that the Honourable Houses may keep some Forces upon the Borders and sufficient Garrisons in them both upon a twofold assurance First that in case any new Troubles be raised in Scotland by the Malignants both they and the Forces about Newcastle have Directions from the Parliament to come unto Scotland to pursue the Common Enemy when they shall be desired by the Committee of Estates as it is now constituted of the Protesting Party in Scotland and Secondly that the Parliament shall remove all Garrisons out of those two Towns and from our Borders and put them in the Condition agreed on by the Treaties betwixt both Kingdoms whensoever the Troubles are at an end and the Peace of the Kingdoms settled You shall shew how desirous and willing we are to harken to any good Overture that may conduce to prevent any such-like Breaches again betwixt the Two Nations and that it may not be in the power of Malignants again either to seduce or to enforce upon the People the like Sin and Snare and for mutual Consultation we think it expedient
both that they should have some honest Noblemen Commissioners here to reside at Edinburgh and that we shall have some at London that by Commutation of Counsels our Common Peace may be the better settled and continued You shall try if the Treaty betwixt the Kings Majesty and the Two Houses of Parliament be like to take effect and shall study to preserve the Interest of this Kingdom in the matter of the settling of the Peace of these Kingdoms and if you shall find there are real Grounds to hope an Agreement betwixt the King and the Two Houses in respect both Kingdomes are engaged in the same Cause and Covenant and have been and still are under the same Dangers and to the end our Peace may be more durable you shall endeavour that before any Agreement of Peace be made we may be first acquainted therewith An. 1649. that we may send up Commissions in relation to the Treaty with the King upon the Propositions and in relation to mutual Advice for the settling of the Peace of these Kingdomes and accordingly as you find the Two Houses inclined therein you shall give us Advertisement You shall according as upon the place it shall be found expedient present the same Desires to the Two Houses of Parliament in name of this Kingdome touching the Work of Reformation as shall be presented to them from this Kirk You shall assist Mr. Blair in this Imployment and take his advice and assistance in yours and give us Advertisement weekly how all matters goe You shall publish all Papers either concerning the Proceedings of the Church or of the Protesters which are necessary to be known You shall endeavour to keep a good Vnderstanding betwixt us and the City and the Assembly of Divines and strive to remove all Iealousies betwixt us and them or betwixt honest men amongst themselves You shall endeavour that honest men who have suffered for opposing the Engagement be not prejudiced but furthered in payment of the Sumes assigned unto them before the Engagement out of the two hundred thousand pound Sterling and Brotherly Assistance for publick Debts or Losses You shall acquaint the Speakers of both Houses with his Majesties Letter to this Committee and our Answer sent to Him You shall desire that the Noblemen and Gentlemen of Quality and considerable Officers of the Army that went into England under the Duke of Hamilton and which are now there Prisoners may be kept as Pledges of the Peace of the Kingdomes especially to prevent a new Disturbance in this Kingdome or Trouble from this Kingdome to England until the Peace of both be settled You shall acquaint the Two Houses with our Answer to that of L. General Cromwell 's of the sixth of this Instant and make use of the Grounds therein mentioned as you shall find occasion Their next Care was to look well to Lanerick Lanerick appointed to be secured but escapes to Holland and the other Engagers lest they should attempt somewhat against them the account of which shall be set down in a Letter Lanerick wrote to the Lord Chancellour when he left Scotland For in the end of Ianuary the Earl of Lauderdale came from Holland being commanded by the Prince to see what might be done there but he found all so discouraged and overpowered that no good was to be expected and he got advertisement from the Lord Balmerino that they designed to secure both Lanerick and himselfe and as he believed would deliver them up to the Parliament of England as Incendiaries whereupon they both resolved to go beyond Sea in the same Ship in which Lauderdale came and to offer their Service to the Prince The Letter follows My Lord ALbeit the Proceedings of the late Committee constituted of Dissenters against me was without president in Confining me a free Subject who was neither Guilty nor so much as accused of any Guilt or Breach of the Laws of the Kingdome for declining to sign a Declaration and Bond which even they themselves conceived in Iustice they could not enjoyn me to sign yet I did submit and went not without the Bounds limited for my Confinement until I was certainly informed that upon Wednesday last at a private and select Committee it was resolved I should instantly be Committed and the little Liberty left me taken from me for it seems that these private persons I speak not of Iudicatories who procured the severe Instructions given those employed to London against my Brother the Duke of Hamilton and the many Noble and Gallant Persons who are now in Bonds with him for their Loyal Endeavours to have rescued His Majesty from being murthered are not satisfied or think themselves secure while any enjoy their Liberties who would have been Instruments in that pious Duty to our Sovereign therefore I am forced to seek shelter and protection abroad since Innocency and Law and even Treaties and Publick Engagements prove now too weak Grounds for securing me at home And though this rigid and unparalellâ—d Procedure against me might have tempted the dullest and calmest nature to some Desperation yet I have still preferred the Peace and Quiet of Scotland to all my own Interests and I do ingeniously declare upon my Honour unto your Lordship that I neither have had neither do I know of any Design from abroad or at home of interrupting the same and now in whatsoever corner of the World it shall please the Lord to throw me as I shall endeavour by his assistance to maintain my Loyalty to my Prince untainted so I shall still preserve a perfect affection to the Peace and Happiness of my Country My prayers to God shall be that it may yet be instrumental of advancing the Work of Reformation and so fixing the Crowns of these Kingdomes upon the Head of our Soveraign Lord the King and of His Royal Progeny after Him that Faction and Rebellion may never be able to shake or interrupt their Government that Loyalty may lose the name of Malignancy and a good Christian may with Safety and without Scandal be and profess to be a good Subject that the Acts of unquestionable Parliaments and the Decrees of other Sovereign Iudicatories of this Kingdom may be Security sufficient to the Subjects to govern their Civil Actions by that they may be free of arbitrary Exactions and Impositions and may enjoy with Truth and Peace their Estates and Liberties without the tyrannous Encroachments of great men and other impowered persons and I am confident that the God of Heaven who will Iudge all the Iudges on earth will avenge the wrongs of the oppressed and in his own time restore me again to my Country who am now forced by unjust Persecution to flee from it This I shall patiently wait for and give your Lordship no more Trouble but desire you to make what use of this you think fit from My Lord Your Lordships most humble Servant LANERICK Dirleton 25th January 1649. But now I return to prosecute what remains to
negarunt But I go on from this sad subject to the tragical Conclusion of the Duke's Life The News of that Murder sunk the Duke's thoughts into a deep Sorrow which he carried with him to his Grave he well saw his own Danger knowing that those who had broken all the bonds of Loyalty and Duty were not to tie themselves to the faith of a Capitulation or Articles though granted by a person impowered by them and therefore he designed an Escape from Windsor that night which was contrived by his faithful Servant Mr. Cole afterwards one of the Kings Quirries who during his imprisonment had liberty to go and return from London which he did very frequently bringing him an account of what passed And the Duke having gained his Keeper ordered Mr. Cole to send a trusty Servant with two Horses to Windsor which accordingly he did advertising the Duke not to come to the City till seven a Clock in the Morning and then Mr. Cole was to come to him near London and bring him to some secure House in the City whereupon at night about the time of shutting the Gates The Duke makes an Escape from Windsor the Duke made his Escape freely out of the Castle without suspicion and came to the Place appointed where his Servant and Horses waited for him But he fatally went from the Resolutions he had laid down with Mr. Cole and would needs go in the night to Southwark thinking to have got to Mr. Owen's House who was acquainted with the business not considering what had been told him of the Guards were about the City all the night so that there was no coming to it but in the day and all things concurring to hasten him to his Grave there was that night a Party of Horse and Foot in Southwark searching for Sir Lewis Dyves and another who had escaped the night before but is re-taken in Southwark Some of them meeting the Duke in the Streets about four in the morning where he had long knocked at a door took him and examined him he told them a very formal Story of himself and his business which at first satisfied them but they observed that as he took a pipe of Tobacco by them he burned several great Papers to fire it whereupon they searched him and found such Papers about him as discovered him It was not before the next morning that he was missed at Windsor for that night he made his Escape there came an Order from Cromwel to the Governour of Windsor to make him close Prisoner and put all his Servants from him who thereupon ordered the Captain of the Guard to go about it but he hearing the Duke was a-bed delayed it till next morning and then found he was gone It being discovered that Mr. Cole had ordered the Duk 's Escape many advised him to go out of the way but he resolved rather to die than to leave his Master at such a time and made a shift to come at him that same evening When the Duke saw him he lifted up his hands and said It was Gods will it should be thus That night Mr. Cole was also taken and Sir Hardress Waller examined him but drew nothing from him whereupon he was made close Prisoner yet when the Duke was brought to his Trial he procured his Liberty for the Averment of some particulars of his Plea The Duke being thus unfortunately retaken he was committed to Prison at St. Iames's and is kept in St. Iames's in the same Room where the Earl of Norwich the Lord Capel and Sir Iohn Owen were Prisoners and then all saw in what danger his Life was whereupon great endeavours were used and strong applications made in Scotland to the Marquis of Argyle who had then the chief Powâ—r there that the Committee of Estates would so far study his Preservation as to own that what he did was by the Authority of that Kingdom that so whatever other Punishment they would lay on him his Life might not go for it And it had been faithfully promised by all the Leaders of that Party at the Pacification at Sterlin either to save his Life or to make his Death a National Quarrel But the Marquis of Argyle would not interpose These who had the power in Scotland refuse to move for him and though the Dukes Daughter the present Dutchess of Hamilton left no means unessayed to prevail on him yet all was in vain for he pretended that since those in England had murdered their King notwithstanding their Commissioners protesting against it it was not to be expected their interposition in other things could be of any weight nor was it fit they should any more address to the Murderers of their Soveraign So all hopes of any Mediation that way failed and not only that but Lambert being prevailed on by the offer of a good Sum to claim the Duke as his Prisoner some Letters came from Scotland about it upon which Lambert was advised not to insist on that Demand This was vouched to the Writer from several hands who had it both from Lambert himself and some other considerable men in the Two Houses But now his Majesties Blood not having satisfied the Cruelty of the New Usurpers their next design was against those who had served him faithfully and therefore the Duke was brought to his Tryal and honoured to be the first of those who followed his Master in that Glorious Martyrdom The Usurpers ordained the pretended Court of Justice to proceed against him so in the 6th of February he was brought to a Tryal It will not be hard to perswade the Reader without further inquiry that those who embrued their hands in the Blood of their Soveraign thereby breaking loose from all Ties Sacred and Humane could not stand much at the effusion of meaner Blood no their Consciences were feared with their former Crime so that nothing could be so wicked but they were stout enough for attempting it yet they chose to varnish over their perfidious Cruelty with some Colours and Appearances of Justice but the Disguise was so thin that it served them to no other purpose but to add hypocrisie to their former Villany which will evidently appear from the following Tryal drawn partly from the Journal of the Court and partly from Notes of what passed taken by some Eye-witnesses Steel and Cook the Counsel for the People of England did exhibit on the 6th of February being Friday the following Charge That the Earl of Cambridge about the 19th of July last Traiterously invaded this Nation in a Hostile manner The Charge given against him and levied War to assist the King against the Kingdom and People of England and had committed Sundry Murders Outrages Rapines Wastes and Spoiles upon the said People and particularly about the 20th of August near Preston did make War joyn Battle and fight against the Forces of the Parliament and therein did murder and kill Collonel Thornley and others To this the
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
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
their Act which constituted this Court for his Trial declared him a Traytor it was not to be disputed what the Parliament had Power to do but no Parliament had ever done the like before and the meaning of the Act must be that he should be tried whether guilty of Treason or not since if the Parliament have already declared him a Traytor further Trial was needless And it was clear the Parliament by their Act in Iuly last which declared all the Scots who entred England Enemies considered not the distinction of Post-nati nor judged that inferred Treason since most of them all were Post-nati That many of the Officers of that Army who had been taken Prisoners though clearly Post-nati were ransomed others banished others still in Prison why then should the imputation of Treason be fastned on the Duke when the rest were used only as Enemies And for the Articles they made it appear they were the Publick Faith of the Kingdom when given by persons publickly Authorized upon the observing of which inviolably depended the whole Intercourse of all Nations and their mutual Confidence which is founded on all States being bound by the Acts of their Publick Ministers That this was not a pure Rendition but a Paction concluded upon Deliberation wherein the Parliament lost nothing but on the contrary were Gainers That the Parliament had ratified this upon the matter by Voting a hundred thousand pound Sterling Fine to be the price of the Dukes Liberty That the secret sence the Treaters pretended was not to be considered since all Compacts are to be understood according to the clear meaning of the Words the universal sense of Mankind who look on Articles wherein Life is granted as a sufficient Security not only from the Souldiers but from the Civil Powers and that these Treaters when the Articles were agreed should have made known their secret meaning otherwise it was not to be regarded and it was a most dangerous Precedent to admit of collateral Averments of secret meanings against express words much more in a Case of Life and yet much more in Military Agreements wherein the Concernments of Armies and Nations were included and which concerned the Honour and Security of all Souldiers and for this divers Precedents were cited The Argument ended thus That as the Court consisted of Gentlemen Lawyers and of Martial men so the Plea consisting of three Branches was the more proper for their cognizance a part of it being drawn from the Law of England another part from the Civil Law and a Third part from the Martial Law and if the Plea in any of the three Branches was made good and they doubted not but it would be found so in them all the Court would be satisfied there was Reason Justice for preserving the Dukes life The Tenth Appearance The Court adjourned till Friday the second of March and the Duke being again brought to the Bar the Counsel for the People pleaded but so poorly that all who heard them were asham'd But they had one advantage that neither the Duke nor his Counsel were allowed to speak after them nor to discover their impertinent Allegations which made the Dukes Counsel obviate all they could imagine they might say though they said a great deal so far out of the way of Reason that none could have thought of it and yet it was so weak that it needed neither be obviated nor replied to Yet at the end of every Branch of their Pleading I shall add the Answers against them as they are set down in some Notes taken by the Dukes Counsel The Counsel for the People plead against the Duke They begun with Alienage and studied to make it appear that though he was a Scotchman born yet he was no Alien having enjoyed all the Priviledges an Englishman was capable of as being a Peer a Privy-Councellour possessing Lands and Inheritances and Marrying in England But Naturalization cannot be but by Act of Parliament and not by the Kings single Deed much less by those Priviledges of which any Stranger might participate Next they urged his Fathers Naturalization and since his Name was not in that Act as was in other Acts of Naturalization that proved him to be no Alien otherwise his Name had been put in From that it rather appeared he was an Alien since others found it necessary to insert their Childrens Names which his Father not doing proves the Son an Alien still They also urged his being Post-natus which must be held true since he brought no Evidence to the contrary and it being so his Tie of subjection was as great in England as in Scotland That Allegeance was only due to the King and not to the Kingdom That there was a King when he entred into England and that though he was secluded from the Government yet all Writs were issued in his Name so that this Expedition was a breach of the Allegeance he owed the King This was the oddest part of all their Plea since his Charge was that he assisted the King against the Kingdom and now they did plead he owed no Allegeance to the Kingdom but to the King whom they had so lately murdered the Dukes coming with his Army being only to relieve him from the Barbarous Vsage he had met with They also urged at large That an Englishman's Children in what place of the World soever they were born were Denizens of England and cited many Precedents But the Mis-application of them was gross and palpable those being of Persons who were Englishmen before their Children were born whereas the Duke's Father was naturalized after he was born so that he could not communicate that Priviledge to him which he did indeed transmit to his Children born after his Naturalization Next they pleaded that the Parliament of Scotland had no power to commissionate him to enter into England and that if some of them were there they ought likewise to suffer for it and it was fit he suffered for his Masters who employed him That it was pitty the King had not suffered sooner They also produced many Precedents of Strangers being condemned as guilty of Treason for Treasons committed in England as the Queen of Scots Lopez Perkin Warbeck the Lord Harris Shirley the Frenchman and the Spanish Ambassadour All this was obviated in the former Argument where distinction was made betwixt secret Practices and an open Invasion with a forreign Force They added That Scotland belonged to the Crown of England and so was to be look't on as some of the Counties of England But Scotland had no subjection to the Crown but only to the King of England whom they had murdered and so they had no Power to judge any Scotchman As for the Articles they pleaded it was not in the Power of the Army to absolve any from the Justice of the Parliament which being above them was not tied to their Articles and therefore though they confessed the words ought to have been less
ambiguous yet they said the Exposition of those who Signed them was to be admitted since every man was to be the Expounder of his own words and pleaded some Precedents about the Exposition of ambiguous words But the words here were plain and not ambiguous only a treacherous Equivocation was invented to break them Cook by a strange subtilty said The Articles only secured his Life during Imprisonment so that his breaking of Prison and being retaken put an end to the Obligation of the Articles Though he broke not not Prison but went out at Door and Gate which was no Crime Thus did the Counsel of the People plead against him to the conviction of all who looked on that they thirsted for his Blood and were only seeking colours of Justice for it which yet were so slight that they could serve for no Disguise but only to abuse those who were blinded with Prejudice The Court adjourned to Tuesday being the sixth of March And then the Duke was brought to the Bar and the Judges sate in Scarlet they rejected the Dukes Plea in all its Branches The last Appearance in which Sentence was given and found him guilty of the Charge whereof he was indicted But before Sentence Bradshaw the President resumed all and spoke long for aggravating of every particular justifying every thing their Counsel had pleaded as if it had been all both good Law and good Reason then he caused read the Earl of Essex his Commission to shew how little Power was given him But spoke nothing of Fairfax or Lambert their Commissions which had been more pertinent but the reason was they were ampler and yet the Parliament had never refused to ratifie any Articles Essex gave He confessed the Dukes Articles were fuller than any others therefore he would insist the more to invalidate them He said It was true if there had been a War proclaimed and prosecuted betwixt a Forreign Nation and Enemy and England then by the Law of Nations to which their Law was consonant Articles signed by the Commissioners of both Parties should have been kept inviolable but the Prisoner was no Enemy for when the ordinary Course of Justice was obstructed by the late Kings prevailing Party so that neither Constables nor Sheriffs nor other Civil Officers could lay hold on such Delinquents as he was or bring them to Punishment the Parliament was forced to raise an Army Commissionating their Generals to bring such to condign Punishment This being the end and substance of their Commission it was not in their Power who were but the Sword of Justice in the Parliaments hand to give Articles for securing any from the Justice of the Parliament since it was never intended their Acts should limit that Power that gave bounds to them He added also that the Court was fully satisfied that the Duke was naturalized The President laid out also the Case of the other Prisoners then at the Bar and spoke many hours at last Sentence was given against them all That their Heads should be severed from their Bodies on Friday next being the ninth Instant yet it was remitted to the Parliaments Consideration what Mercy should be shewed to any of them and so the Duke was carried back The rest of that day and the next day the Duke was earnestly solicited to preserve himself by making Discoveries And Mr. Peters who appeared concerned for him during his Tryal did now insinuate himself on him to draw somewhat from him but all was in vain there being no choice to be made betwixt a Glorious Death and an Infamous Life On the Eighth of that Month it being put to the Vote of the House whether he should be Reprieved or not it was carried in the Negative The Duke prepares for Death That day the Duke spent in fitting himself for Death by Prayers and Spiritual Conferences and that he might discharge himself of all worldly Cares he wrote the following Letter to his Brother Dear Brother SInce it hath pleased God so to dispose of me and writes to his Brother that I am to be in this World but a few hours you cannot expect that I can say much to you nor indeed is it necessary for I know you will do undesired as far as is in your Power what I now briefly mention First That you will be a Father to my poor Children and that they be not forced to marry against their Wills The Debts I owe are great and some Friends are bound for them but the Estate I leave you is such as will satisfie what I owe and free my Cautioners from Ruin You are Iust and I doubt not of your performing this I cannot forget to recommend my faithful Servants to you who have never had any thing from me in particular Cole Lewis and James Hamilton I have given something to them during their Lives which I hope you will see payed to them I shall say no more but the Lord of his Mercy preserve you and give you Grace to apply your self aright to him in whom there is only fulness of Ioy. Dote not upon the World all is but vanity and vexation of spirit grieve not for what is befallen me for it is by the appointment of him that rules in Earth and Heaven thither the Lord Iesus be pleased to carry the sinful Soul of Your most loving Brother HAMILTON March 8th 1649. At night the Duke the Earl of Norwich the Lord Capel and Sir Iohn Owen were all brought to one Room where they lay all night it was very late before they went to Bed every one having his Friends to wait on him The Duke's Servants ask'd leave to stay all night in the next Room and it was granted the Duke ordered Mr. Cole to come to him about three a clock in the morning which he did but he with the rest were all fast asleep and Mr. Cole returning after half an hour found him awake He made him sit down and gave him many Directions to be carried to his Brother with an extraordinary composure as Mr. Cole vouched to the Writer About five a clock all of them were ready and spent the time very devoutly in secret Prayers and pious Conferences and other holy Exercises all of them expressing great Joy in their present Condition and absolute Submission to the Will of God The Duke expressed his more particularly in the following Letter he wrote to his Daughters My most dear Children IT hath pleased God so to dispose of me as I am immediately to part with this miserable Life for a better and to his Children so that I cannot take that care of you which I both ought and would if it had pleased my Gracious Creator to have given me longer days but his will be done and I with alacrity submit to it desiring you to do so and that above all things you apply your Hearts to seek him to fear serve and love him and then doubt not but he will be a loving Father to you
very necessary for him to speak much his Voice was so weak and low that few of the crowd that looked on could hear him nor was he ever so much in love with speaking or with any thing he had to say that he took much delight in it yet since this was his Last he being by the Divine Providence of Almighty God brought justly to that End for his Sins he would speak a little to the Sheriff for his Voice could not reach others He was now to suffer as a Traytor to the Kingdom of England a Country which he had ever loved equally with his own not having intended either any general Prejudice to it or to any particular Person in it his late Actings were the Commands of his own Country which he could not disobey It is true it had pleased God so to dispose of the Army under his Command that it was ruined and he for being cloathed with a Commission to be General stood now ready to dye He would not repeat what he had pleaded for his own Defence God was just nor would he say any thing of his Sentence but that he did willingly submit to Gods Providence acknowledging that on many accounts he deserved Punishment in this Life as well as in the next for he confessed himself a great Sinner yet for his Comfort he knew there was a God in Heaven who was very merciful and that his Redeemer did sit at his right Hand and he was confident that he was mediating for him at that very instant being hopeful through his All sufficient Merits to be pardoned all his Sins and to be received into his Mercy trusting only to the Free Grace of God through Jesus Christ. He declared he had never been tainted in the Religion professed and established in the Land in which he had been bred from his Infancy it was not this nor that mode or fancy of Religion that was to be built on but one that was right and sure and came from God Here he observed some taking Notes and upon that said he had not expected that else he had digested what he had said into a better Method but desired that what he had said might not be published to his disadvantage since he had not intended to speak any thing when he came to that place Then he went on and said Many dreadful Aspersions had been cast on him as if his Intentions had not been such as he pretended but he thanked God he was unjustly blamed That for the King he had ever loved him both as he was his King and his Master with whom he had been bred many years and had been his domestick Servant and that there was nothing the Parliament of Scotland declared for the King that was not really intended by himself and as he hazarded his Life for him one way so he now was to lose it another and that his Design of leading in the Army to England was really that which was published in the Declaration in so far as concerned the King he was not then to speak of the rest of the Declaration which had many other particulars in it And for what he said of his Duty to the King there was no reason to suspect him of Flattery or any other end in saying it God having now so disposed of His Majesty but though he could gain nothing by it yet he owed the freeing himself of that Calumny to Truth by which all men shall gain for ever There had been many Discourses founded on a part of the Scotish Declaration which mentioned an Invitation to come to England upon which he had been much laboured for discovering the Inviters but he had and did still remit himself to the Declaration without any other Answer He was ever willing to serve this Nation in any thing was in his Power which was known to many worthy Persons in it and he would still have continued in those Resolutions had those in whose hands the Power was then thought fit to have preserved his Life But since he was to be thence-forth of no more use all he could do was to wish the Kingdom Happiness and Peace and to pray that his Blood might be the last should be shed and though perhaps he had some reluctancy within himself at his Suffering for this Fact yet he freely forgave all men and carried no rancour with him to the Grave but did submit to the Will of him who created Heaven and Earth and himself a poor sinful Creature then speaking before him He conceived it could contribute to no end for him to speak of State-business of the Government of the Kingdom or things of that nature his own Inclinations had been still for Peace he was never an ill Instrument betwixt the King and his People nor had he acted to the prejudice of the Parliament And as he had not meddled much in those Wars so he was never wanting in his Prayers to Almighty God for his King's Happiness and he earnestly prayed God to direct his Majesty that now Reigns that he might do what should tend to his Glory and the Peace and Happiness of the Kingdoms He said he was of the Established Religion which he had professed in his own Country where he was born and bred but for particular opinions he was not rigid he knew many godly men had scruples about divers things wherein he had never concerned himself nor did Difference of opinion which was never more than at that time move him his own was clear He prayed the Lord to forgive him his Sins as he freely forgave even those against whom he had the greatest grounds of Animosity remembring that Prayer Forgive us our Trespasses as we forgive them that trespass against us And to this purpose he spoke if the Writers did him right in what was published in his Name but how true the printed Papers were the Writer is not able to judge for he has three printed Relations of it before him all varying somewhat one from another As he expressed himself thus he discovered a great composure by his Looks and manner of Expression and when he was desired to change the Posture he stood in since the Sun shined full in his Face he answered pleasantly No it would not burn it and he hoped to see a brighter Sun than that very speedily After the Duke had done speaking he called for the Executioner and desired to know how he should fit his Body for the Blow and told him his Servants would give him satisfaction Then he called to his Servants and commanded them to remember him kindly to divers of his Friends in England particularly to his Mother-in-law the Countess of Denbigh to whom he had ever payed a Filial respect and to the old Countess of Devonshire who as the lived to a great Age and to the Honour of her Nation so was on all occasions a constant and true Friend to him He bade tell her she would no more question his Loyalty which she had done
general Stories If all his Friends were not at all times so fixed to their Duty as they ought to have been that left no Blame upon him for no man can be lyable for his Friends nor charged with the faults of other men but when any of them strayed from their Duty his Friendship made him not the less but the more severe to them and many of them being yet alive have witnessed with what honest zeal he always studied to engage them to a Cordial adherence to the Kings Service But to sum up all those who after they see how in his last Speech delivered at his Death he begs Pardon and Mercy from God as he hath been a faithful Servant to his Master and do still retain their Jealousies are beyond the cure of any Perswasion for none but a desperate Atheist could have adventured so far with a defiled Conscience Neither can it be alledged here that all in those times pretended to be for the King for perhaps many thought the methods they took vvere the best for securing and settling his Throne But had the Duke been faulty as the World accused him it must not have been a Mistake in his thoughts but a Crookedness of his Heart a betraying of his Trust and a falsifying of his Engagements and who can suppose that the Parties who were prevalent both in England and Scotland at the time of his Death and pursued him and his Memory with all the excesses of Malice would not have discovered such Treachery to load him with the greater Infamy if there had been any grounds for it since they were the persons who musâ— have known it best As for that ridiculous and Devilish Forgery of his pretending to the Crown of Scotland never any were alledged to have heard a hint of it from himself no not in raillery and câ—â—tainly if so great a Design had ever been discovered to any person it must have been to his Friends and he must have taken pains to have made some Party sure for it but for this nothing was ever whispered but Surmises and those hanging so ill together that they retained not so much as the shadow of Probability For his Country His love to his Country as he had as great Interest in it as any Subject so his Affection yielded to none And it is certain that if his Counsels to the King seem at any time to fall short of the higher ways of Authority nothing but his Affection for his Country gave him the byass for he confessed the thing in the World at which he had the greatest horror was the engaging in a Civil War with his Country-men He was far from any Designs of engrossing either Power or Places of advantage to himself or his Friends nor was he ever the occasion of any Burden to the Country for the Assignments he had on some Taxations were only for payment of the Debts he had contracted by his Majesties Command for his Expedition to Germany And so little fond was he of being the Kings Commissioner in Scotland that in divers of his Letters he proposed others to his Majesty for that Trust protesting it was a Place which of all other he hated most and when he saw Jealousies taken at his being so long in that Trust as if the King had been to govern Scotland by a Commissioner he pressed his Majesty to change him so careful was he to avoid every thing which might be a Grievance to his Country and retard the Kings Service He was the great Patron of all Scotishmen in the Court which drew on several occasions a large share of Malice upon him as appear'd particularly in the Case of one Colonel Lesley whom Colonel Sanderson's Friends were pursuing in the Court alledging that Lesley had killed that Colonel unworthily in Muscovia The Crime was not committed in the Kings Dominions and Lesley was Legally acquitted from it in Russia who upon a National account being a Scotishman laid claim to the Dukes Protection but this irritated Colonel Sanderson's Brother who pretends to have written the History of King Charles the First into so much Rage against him that forgetting the Laws of History he breaks out on all occasions into the most passionate Railings that his spiteful but blunt and impotent Malice could devise And the best of all is he bewrays his Ignorance as well as his Passion in all the Account he gives of the Scotish Affairs so that it is hard to say whether his Folly in attempting to write a History on such slender Informations or his Impudence in forging or venting Lies with such Confidence deserves the severer Censure And since I mention this Lesley I shall only add that though Sanderson tells a formal Story of the signal Judgments of God on him in his Death he was alive many years after that Book was published which can be well proved by many who knew him His Temperance The Duke was very sumptuous and magnificent in his way of Living but abhorred that debauched custom of Entertainments by Drinking and was an example of Temperance which cost him dear in Denmark where he refusing the ordinary Entertainments of that Court in drinking was not only ill used but made pay a great Sum under the pretence of Passage-dues Temperance was particularly recommended to him by his Majesty when he went to Germany and his returning from that Court without once transgressing these Laws was such an evidence of his observing them that afterwards few would tempt him to those Excesses His Ingenuity Of all Vertues he esteemed Ingenuity and Candor most as that which was the Ground of all Confidence and the only Security among men and therefore recommended it chiefly to others and studied to observe it most himself I confess when I consider his whole method of framing and carrying on his Designs how streight and candid they were if I oft admire his Invention I do much more esteem the Ingenuity of his proceedings for I never find him vailing Truth with a Lye nor carrying on business with a Cheat and to speak freely the greatest departing from these Rules appeared in the Declaration emitted in April 1648 where among other things the Parliament declared they would not admit His Majesty to the exercise of His Royal Authority till He by Oath obliged Himself to swear and ratifie the Covenant The Duke stuck long ere he would give way to this at length finding the violent Party that crossed the Engagement implacable and being desirous to withdraw from them all colours or pretences for opposing that Design he yielded to it and at that time said to a Friend of his that the Preservation of the King went so near his Heart that he could refuse nothing which might make way for that But it was far from his thoughts to seclude the King from the exercise of his Royal Power and therefore it was excused at the same time both by the Letters his Brother wrote to the King and in the
the Frith ibid. The Marq. puts his Souldiers aboard ibid. Some alterations in the Proclamation p. 122. The King orders the Marq. not to go to the North p. 123. The Marq. sails into the Frith p. 124. He sends the Kings Proclamation to Edinburgh ibid. The Covenanters write to him p. 125. To which he answers p. 126. Some come and treat with him p. 127. The Kings Advices to him ibid. A Proposition about the Ferries in Scotland p. 128. The Earl of Rothes writes sharply to the Marq. p. 129. The Marq. Answers him p. 130. The Marq. sends some proposals for a Treaty to the King p. 131. Which the K. is pleased with ibid. The state of the Covenanters Forces p. 132. The K. sends for two Regiments from the Marq. p. 133. A Conference between the Marq and some Covenanters ibid. The K. sends some Lords to the Marq. p. 135. And the Viscount of Aboyn p. 136. The K. is willing to enter on a Treaty p. 137. And is well satisfied with the Marq. ibid. Some on the Borders gained to the Kings Party p. 138. The K. Orders the Marq. to proceed to Hostilities ibid. Who sets about it ibid. But gets new Orders and goes to Court p. 139. A Treaty is begun p. 140. and concluded p. 141. The Kings Declaration ibid. The Articles of the Treaty p. 142. It is variously censured p. 143. And not like to take effect ibid. The Castles are delivered to the K. p. 144. The Marq. offers advice to the K. p. 145. The King thinks to send him again Commissioner ibid. But he gives many reasons against it p. 146. Traquair is made Commissioner p. 148. The K. writes for many Covenanters ibid. Some only come ibid. The Kings Order to the Marq. about them ibid. Montrose is gained by the King p. 149. Traquair's Instructions ibid. Lib. 3. Of what passed after he laid down his Commission till July 1642. THe Marq. retires from Publick Affairs p. 153. Traquair goes to Scotland ibid. The King writes to the Scotish Bishops p. 154. Their Declinatour of the Assembly p. 155. The Assembly sits and are very high p. 156. The King sends further directions to Traquair ibid. A new explanation of the Covenant p. 157. Traquair signs the Covenant p. 158. The King is much displeased with him ibid. Tâ—e Parliament sits p. 159. But is Prorogued ibid. The Covenanters send up their Complaint to the King p. 160. Whom Traquair incites to a War ibid. The Earl of Lowdon put in the Tower ibid. and the reason of it p. 161. A new War resolved on ibid. An. 1640. The Covenanters preparations p. 162. Lanerick is made Secretary of State ibid. Lindsay writes to the Marq. to prevent a War ibid. The Marq. answers him by the King's Orders p. 163. The Grounds of the Covenanters confidence p. 165. A short Parl. in England p. 166. The Privy Councellours lend money ibid. And so does the Marquis ibid. The Parl. in Scotland sits without any Commissioner from the King ibid. And send up their Acts to the K. p. 167. With which the King is much offended p. 168. A Memorial of Lowdon's p. 169. An Agreement between the Marq. and him in two Papers p. 170 171. He is set at Liberty ibid. Lanerick writes by him in the King's name to the Committee in Scotland ibid. Their Answer to that Letter p. 172. The Scots Complaints p. 173. They come into England ibid. The K. declares them Traitors ibid. They beat the Kings Forces at Newburn ibid. And pass Tine and take Newcastle p. 174. They write again to Lanerick ibid. And send a Petition to the K. p. 175. The K. answers it p. 176. They send another Letter p. 177. The K. appoints a Treaty p. 178. The Marq. presses a Pacification ibid. A breach between the Marq. and Montrose p. 179. The Treaty begins at Rippon p. 180. and is carried on at London ibid. The Kings Answer to the Remonstrance of the Two Houses ibid. An. 1641. The King yields to the demands of the Covenanters p. 181 The E. of Strafford writes to the Marq. p. 182 Many complain of the Marq. p. 183 The E. of Rothes dies p. 184. The Parl. proceeds against Incendiaries ibid. Montrose is put in Prison ibid. The K. goes to Scotland ibid. The Members of Parl. there subscribe the Covenant p. 185. The Marq. is vindicated by Act of Parl. from the Calumnies some did cast on him ibid. But the K. grows jealous of him ibid. An account of the Incident p. 186. He again recovers the Kings favour ib. The Rebellion in Ireland p. 187. The Marq. Friendships designed for the Kings Service ibid. The K. returns to London ibid. Some design to impeach the Marq. in England ibid. But that is prevented p. 188. An. 1642. The Scotish Commissioners stickle in England against Episcopacy ibid. The King is offended with them for it p. 189. And requires them to do so no more ibid. He writes about it to Lowdon and Argyle ibid. The Scotish Army is sent to Ireland p. 191. The Marquis's sickness p. 192. The Treaty between Scotland and England ibid. New Calumnies on the Marquis ibid. But he clears himself p. 193. The K. thinks of going to Ireland ibid. The Marq. waits on the King p. 194. And is sent by him to Scotland ibid. Lib. 4. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment IN Scotland they favour the Two Houses p. 195. The Marq. sends the K. an account of it p. 196. An Assembly in Scotland ibid. They declare against Episcopacy ibid. Motions for a meeting of the Conservators of the Peace p. 197. The K. writes about Vniformity in Religion ibid. The Scots keep a Resident at London ibid. Mr. Murray's Letter about the Affairs of Scotland p. 198. Lanerick's Letter about Affairs in England p. 199. The Marq. studies to gain many to the King p. 200. The Kings Letter to the Conservators ibid. They incline to serve the K. p. 201. And to invite the Queen back ibid. But the K. did not approve of it p. 202. Yet is sensible of the Marq. fidelity ibid. The Earl of Louthian is sent to France ibid. An Extraordinary Letter of the Kings to the Marquis p. 203. The Marquis and Argyle at Enmity p. 204. Great debates in the Council ibid. The King has a great sense of the Marq. Services p. 205. An. 1643. Many Petitions come in to favour the Two Houses p. 206. The Cross Petition ibid. It is condemned by the Ministers p. 209. Commissioners are sent to Treat between the King and the Two Houses ibid. The King rejects their Mediation p. 210. And answers the desires of the Ministers ibid. A Petition against the Annuities p. 211. signed by many ibid. Montrose proposes to the Queen to begin a War in Scotland p. 212. The Marq. opposes it ibid. The Kings Answer about the Mediation of the Scotish Commissioners p. 213. They are called home p. 215. The Marq. writes
to the Queen about it ibid. They take leave and come home p. 216. The King sends his Friends to Scotland p. 217. The Queen writes to the Marq. ibid. They agree in Scotland to summon a Convention of Estates p. 218. And write to the King about it ibid. The Kings Instructions to the Marq. and others p. 219. The Kings Declaration about the War in England p. 221. The Marq. is made a Duke p. 224. Some of the Kings Party accused as Incendiaries ibid. Lanerick gives the King an account of Affairs p. 225. The Kings Friends consult what to do p. 226. And send a Message to the King ibid. The Duke writes of the great danger he saw things in to Mr. Jermin p. 227. And to the Queen p. 228. The Queens Answer p. 229. He writes again to Her ibid. The Kings Letter forbidding the Convention p. 230. He writes to Lanerick ibid. Another Letter by the Earl of Lindsay p. 231. The King's Letter to the Convention p. 232. Means used for the Kings Service p. 233. The Convention sits ibid. After much debate they vote themselves a free Convention ibid. The Duke leaves them p. 234. Great Iealousies and Divisions among the Kings Party ibid. The General Assembly sits p. 235. Commissioners come from England ibid. The Arguments that prevailed to make a League with them ibid. The Solemn League and Covenant p. 237. The Censures that passed upon it p. 239. The King and Queen write kindly to the Duke ibid. The Kings Letter to his good Subjects in Scotland p. 241. The Kings Friends send Propositions to the King p. 242. The heads of the Treaty between Scotland and England ibid. The Kings Letter to the Conservatours p. 243. His Letter to the Council p. 244. His Letter to Lanerick p. 245. His Letter about a Proclamation p. 246. His Letter to Lanerick about that ibid. He writes with great confidence to the Duke p. 247. The Kings Affairs in Scotland decline ibid. A Message sent up by Traquair p. 248. All are commanded to take the Covenant p. 249. The Duke's endeavours for the Kings Service ibid. A meeting of the Kings Friends p. 250. They part without doing any thing ibid. The Committee sends out severe Orders against such as took not the Covenant ib. The Duke ill-represented at Court ibid. He goes to Court p. 251. and is made Prisoner ibid. He sees the Charge given against him and Answers it p. 252. Charge against the Duke Article first p. 253. A General Answer ibid. Answer to the first Article p. 254. The second Article ibid. The Answer to it p. 255. The third Article ibid. The Answer to it p. 256. The fourth Article p. 257. The Answer to it p. 258. The fifth Article p. 260. The Answer to it ibid. The sixth Article p. 261. The Answer to it ibid. The seventh Article ibid. The Answer to it p. 264. The eighth Article p. 267. The Answer to it p. 268. Laner presses for a present Trial p. 269. But could not obtain it p. 270. He makes his Escape ibid. And draws a Party for the K. in Scotl. ib. The Duke is hardly used ibid. And continues a Prisoner p. 271. He is set at liberty p. 272. Lib. 5. Of the Dukes and his Brother's Imployments after his Enlargement till the Year 1648. THe Kings Affairs grow desperate p. 273. The Duke resolves to retire ibid. The K. goes to the Scotish Army p. 274. Commissioners are sent to him from Scotland ibid. They press him to settle matters ibid. The K. complains of ill usage ibid. The Army petition him about the Covenant p. 275. The King proposes a Treaty ibid. An Account of Montrose's Affairs ibid. The King recalls his Commission p. 277. The K. is much pressed to take the Covenant ibid. The King scruples ibid. His Conference with Mr. Henderson ib. Debates about the Propositions to the King p. 278. The Papers given in by the Scotish Commissioners about them ibid. The Propositions are agreed to p. 279. The heads of them ibid. The Duke is well received by the K. ibid. The K. employs him to preserve Montrose p. 280. He does it ibid. The King is much pressed to grant the Propositions p. 281. But resolves to adhere to his Conscience ibid. His first thoughts of the Propositions ibid. His denying them much resented p. 283. The Scotish Commissioners serve him ibid. The K. sends Argyle to London ibid. The Dukes endeavours in Scotl. p. 284. He is much opposed by the Ministers ib. The Duke and others sent to deal with the King for his granting the Propositions p. 285. The Kings Answer to them ibid. Another Paper of the Kings to the same purpose p. 286. The Duke resolves to go beyond Sea p. 288. The Independents cajole the King ibid. But Lauderdale disabuses him ibid. The Duke obtains the Kings leave to retire p. 289. The Kings Letter recalls that ibid. The Queen writes to him p. 291. The Dukes Letter to the King ibid. The Kings Letter to Lanerick p. 292. And to the Duke p. 293. The Scot. Commis serve the King at London ibid. Conferences between the Two Houses and them p. 294. A Parliament in Scotland ibid. Huntley is in Arms p. 295. The King writes about it ibid. And about Traquair p. 296. The Consultations in Scotland ibid. Two Letters of the Kings p. 297. The Kings Letter about the Propositions p. 298. His Answer to them p. 299. Lanerick's Letter to the King about it p. 302. The Kings Answer to him p. 303. Two other Letters of the Kings p. 305. An Account of the Resolutions in Scotland p. 306. Which the Duke and Lanerick oppose but in vain p. 307. Lanerick writes to the King p. 308. Resolutions taken about the Kings Person p. 309. The Scotish Commissioners leave London ibid. An. 1647. Commissioners sent to the King from Scotland p. 310. Who deliver to him the Votes of Parl. ibid. In Scotland they resolve to deliver up the King p. 311. The Duke and Lanerick oppose it much ibid. But in vain ibid. It is variously censured p. 312. The Kings Letter to the Duke p. 313. The Duke and Laner begin a new design for the King ibid. New Disorders in England p. 314. The Earl of Lauderdale is sent to London ibid. The Army revolts ibid. And take the K. from Holmby ibid. They use him civilly p. 315. The K. writes to Lanerick ibid. Lanerick's Answer ibid. Two Letters of the Kings to Lanerick p. 316. Lanerick's Answer p. 317. Another Letter of the Kings p. 318. The Army forces the Parliament ibid. Lauderdale is ill used by them p. 310. This is resented in Scotland ibid. But many are intractable ibid. Instructions sent by Mr. Lesley p. 320. The Kings Answer p. 321. The King is abused by the Army ibid. Lanerick's Letter about the delay of his coming to wait on the King ibid. The Kings Answer to it p. 322. The Scotish Commissioners come to the King p. 323. They intend to rescue him p. 324.
The King consults with them ibid. He goes to the Isle of Wight ibid. And writes to Lanerick p. 325. The Scotish Commissioners write to him p. 326. The Kings Answer to Lanerick ibid. The four Bills are passed p. 327. The Scotish Commissioners protest against them ibid. And write to the King about them ibid. The King is well-pleased with their Papers p. 328. They write again to him ibid. Another Letter to the King p. 329. The Kings Answer to them ibid. Designs against the Kings Person p. 330. Traquair is well with the King p. 331. The Scotish Commissioners advise the King p. 332. The King sends for them ibid. The Kings care of Huntley p. 333. The Queen writes to Lanerick p. 334. The Scotish Commissioners agree with the King ibid. The King is made Prisoner ibid. Lib. 6. Of the Duke's Engagement for the Kings Preservation and what followed to his Death THe Duke's endeavours in Scotland p. 335. Three Parties in Scotland p. 336. The Commissioners return ibid. The Church-men are jealous of them p. 337. The King writes to them ibid. Their Answer ibid. Lowdon forsakes them p. 338. The Duke is designed General ibid. The Parliament sits ibid. Commissioners from England ibid. The Remonstrance of the Ministers p. 339. The King writes to the Lords p. 340. Their Answers to him ibid. and p. 342. Satisfaction offered to the Ministers ib. Lanerick's Letters about their Affairs ibid. And about their Demands to the Two Houses ibid. And about the Declaration p. 343. And putting the Kingdom into a posture of War ibid. And the modelling their Army p. 344. The Prince resolves to come to Scotland ibid. The King designs an Escape ibid. Great disorders in England p. 345. Letters to the Queen and Prince p. 346. And to the King about the Officers of the Army ibid. The Ministers oppose the Engagement p. 348. The Parl. Letter to the Presbyteries ib. The Parl. sends for the Scotish Army in Ireland p. 349. The Confusions in England p. 350. A Fast at Westminster ibid. The Parl. of Scotl. adjourned p. 351. Some are against a present March ibid. A Letter of the Prince's ibid. Others press a speedy March p. 352. And it is resolved on p. 353. An Insurrection at Mauchlin ibid. Some Troops are sent to the Borders p. 354. The whole Army enters England ibid. The Chief Officers of it ibid. Calander's Character ibid. The Condition of the Army p. 355. An Account of their March ibid. Lambert retires ibid. A Letter from Langdale ibid. The Army marches into Lancashire p. 357. The Scotish Army comes out of Ireland ibid. The Cavalry leave the Foot p. 358. Preston-Fight ibid. Middleton's Gallantry p. 361. At Warrington-Bridge the Foot Capitulate ibid. The Horse come to Utoxater p. 362. A Munity ibid. They treat with Lambert p. 363. The Articles are signed p. 364. L. Gray of Groby comes up ib. The Duke is made Prisoner p. 365. And examined but discovers nothing ibid. The Engagement variously censured ib. Lauderdale was sent to bring the Prince to Scotland p. 366. The Prince intended to go ibid. But the loss of the Army stopt him p. 367. An Insurrection in Scotland ibid. Many in the Committee of Estates incline to submit to them ibid. But Lanerick opposed that long p. 368. An Account of the Irish Army ibid. They are called back to Scotland p. 369. And joyn with the Committee of Estates p. 370. And defeat Argyle at Sterlin p. 371. A Treaty is carried on ibid. Cromwel is invited to Scotland p. 372. Different opinions about the Treaty ib. Articles offered for a Treaty p. 373. The Answer sent to these Offers p. 374. The Treaty is concluded p. 375. But not at all kept ibid. Instructions sent to the Two Houses ibid. Lanerick goes out of Scotl. p. 377. His Letter to the Chancellour ibid. The Duke is brought to Windsor p. 379. Oft examined but in vain ibid. The King is murthered ibid. Majesty in Misery in a Copy of Verses written by the King p. 381. The Duke escapes out of Windsor p. 384. But is taken in Southwark ibid. And kept in St. James's ibid. Argyle refused to interceed for him p. 385. He is brought to his Trial ibid. The Inditement against him ibid. The Duke's Plea ibid. The second Appearance p. 386. The third Appearance ibid. The fourth Appearance ibid. The fifth Appearance Witnesses examined p. 387. The Duke pleaded the Articles given him p. 388. The sixth Appearance more Witnesses p. 389. The seventh Appearance more Evidence led ibid. The eighth Appearance the Duke pleads for himself at great length p. 390. The ninth Appearance his Counsel plead p. 392. The tenth Appearance the Counsel for the People plead against him p. 394. The eleventh Appearance Bradshaw's Speech p. 396. Sentence is given against him ibid. The Duke prepares for Death ibid. And writes to his Brother p. 397. And to his Children ibid. His Speech before his Death p. 398. He is led out to his Execution p. 400. And writes a note to his Brother ibid. New Offers of Life made upon base Conditions and rejected by him p. 401. D. Sibbald encourages him on the Scaffold ibid. The Duke's last Speech p. 402. And Prayer p. 404. His Death ibid. And Burial p. 405. His Character p. 406. His Birth and Parents ibid. His Person ibid. His Education ibid. His Marriage ibid. His Lady's Vertues p. 407. and Death ibid. His Religion ibid. His Abilities p. 409. His Loyalty ibid. His love to his Country p. 411. His Temperance ibid. His Ingenuity p. 412. His Good Nature p. 413. His Death much lamented p. 414. A Letter of the Queens p. 415. Another of the Kings ibid. Lib. 7. A Continuation of Affairs till Worcester-Fight THe Character of William Duke of Hamilton p. 417. His first Appearance at Court p. 418. He is made Secretary of State and Earl of Lanerick ibid. The Friendship between his Brother and him ibid. His Diligence in his Imployment p. 419. His Abilities ibid. His Religion ibid. His troubles prove happy to him p. 420. His care of his Brothers Daughters ibid. His Duty to the King p. 421. He was ill used by his Enemies p. 422. He advises the King to settle with Scotland ibid. The Treaty at Breda ibid. The Duke returns with the King p. 423. But is put from the King ibid. And lives in the Isle of Arran ibid. Cromwel enters Scotland p. 424. Dunbar-Fight ibid. The King is better used in Scotland ibid. The Church-party divided ibid. The Duke comes to the King p. 425. The King marches into England ibid. The Duke's Letter about their March p. 426. Lambert is beat from Warrington-Bridge p. 427. The K. comes to Worcester ibid. Cromwel follows â—im ibid. The King is in great straits p. 428. The Duke apprehends his own Death ibid. And prepares for it ibid. His Meditations before the Fight ibid. And Prayer p. 429. Worcester-Fight p. 430. The Duke's Regiment câ—arged gallantly ibid. The Duke 's great Valour ibid. He is wounded and taken p. 431. His wounds prove mortal ibid. His Letter to his Lady ibid. His Death p. 432. And Burial ibid. His last Will p. 433. A Leâ—ter with it to his Lady p. 434. The Conclusion p. 436. A Rational Method for proving the Truth of the Christian Religion as it is professed in the Church of England in Octavo The Royal Martyr and the Dutiful Subject in two Sermons Quarto both Written by Gilbert Burnet Author of Duke Hamilton 's Memoires and Printed for R. Royston Several Chirurgical Treatises by Rich. Wiseman Sergeant-Chirurgion to His Majesty Fol. New THE END
said Army still in Ireland and for recovering payment of the Brotherly Assistance providing always that in the doing thereof no Resolution be taken for Levying of Forces or doing any Act whereby this Kingdom or any part thereof may be put in a posture of War or under any pretence to bring over the Scotish Army in Ireland or any part thereof without special Warrant from His Majesty wherewith if such as shall meet at this Convention rest not satisfied His Majesties Servants here are resolved to Protest and adhere to these Grounds and to oppose all other derogatory to His Majesties Authority or prejudicial to His Service The Duke by the same Bearer wrote to Mr. Iermine since Earl of St. Albans what follows which is set down to shew how far he was from abusing their Majesties or any about them with hopes of a good issue of Affairs in Scotland Noble Friend THere is so much said to this Bearer by word and in writing that I shall add but little thereto only this which I have often said The Duke apprehends the Ruine of the Kings Affairs in Scotland Time is precicious and would not be lost while we are quiet how long that will be for my own part I cannot tell so many unhappy Accidents have intervened of late that His Majesties Service is much prejudiced thereby I mean not so much your Misfortune at Wakefield as other Particulars which you will be informed of Howsoever think not that I am discouraged for never was Man more resolute to oppose all that shall endeavour the Dis-service of the King than I am and there are considerable men in this Country of the same mind But I ever feared our want of Power and never more than now Resolution we want not but Means how to put that in execution and therefore I say build no confidence but that you may receive great Prejudice from hence notwithstanding all we can be able to do which will be as much as you can expect from Men of Honour so deeply ingaged as we are Having thus freely expressed my thoughts to you it is eâ—sie to conjecture what Advice I would give you are Iudicious and so I shall conclude in a word Lose no Opportunity that is offered to end your business either by one means or other and esteem of me as Your most obliged Friend and humble Servant HAMILTON Holyrood House June 5th 1643. He wrote also the following Letter to Her Majesty May it please Your Majesty I Had not presumed to have troubled Your Majesty with any thing from me if Your Letter I received from Mr. Murray had not encouraged me to hope for Your Majesties Pardon And advertises the Queen of his fears I shall then humbly beg this may rather be believed an effect of Obedience than Boldness Vpon Tuesday last I delivered to His Majesties Council a Letter from Him to them wherein was inclosed a Declaration to His Scotish Subjects which was unanimously appointed to be Printed and Published but the Letter they have written in Answer to His Majesty a Copy whereof I have presumed to send Your Majesty did receive great opposition and with difficulty was carried Since there hath been no Publick Meeting but it is like there will be one appointed upon Wednesday next where they that came last from His Majesty are to be accused as Incendiaries The great Offers are to be made from tâ—e Two Houses of Parliament are like to work much upon the Affections of this Country being seconded with an alledged hazard to Religion and Government from Papists pretended to be in Armes in England and Ireland a popular though groundless Inducement for taking Arms in this Kingdom to which though many Noblemen and divers of the Gentry have hitherto been averse yet I both doubt tâ—e Continuance of their Resolutions and the Power of these few who must and will oppose it The Authority the other Party receives from the Iudicatories the absolute Power they have of the Magazines and Ammunition the popular Pretences they have of a danger to Religion and Liberty gives them so great advantages that I cannot but apprehend great Disservice to His Majesty from hence if the Differences betwixt Him and His people of England be not quickly decided either by Treaty or Force The Resolutions about the Convention of the States of such well-affected Noblemen and Gentlemen as are accidentally now in Edinburgh Your Majesty will know from the Bearer the Particulars being of that nature as are not without hazard to His Majesties Service to be trusted to Paper by May it please Your Majesty the humblest and faithfullest of all Your Servants HAMILTON To which Her Majesty wroâ—e the following Answer Cousin I Received your Letter The Queen writes to the Duke and have given an Account to the King of what you tell Me. I hope the Kings faithful Servants shall be so much the more firm to His Service that the wickedness of others appears and will by their Care and Diligence prevent the Malice of others We had here a mischance in one of Our Quarters by the negligence of Our People the greatest loss We have had is known yet We are not at all discouraged and hope quickly to have a Revenge Our Army consists without reckoning the Garrisons of seven thousand Foot and 69 Troops of Horse besides My two Regiments so that for all Our mischance We are in no ill Condition I have News from the King that His Army is as strong as Essex's and that Essex dares not advance The King hath sent Prince Maurice to the West with 2000 Horse and a thousand Foot the Gentlemen of the West have promised to raise an Army of 10000 Men in six Weeks so that I can assure you all Our Affairs go well And from France except the Death of the King My Brother I have very good News as likewise from Denmark If the King does not press me to go to Him quickly I hope to see Leeds taken befâ—re I part You will give a share of these News to all Our Friends if any dare own themselves such after the House of Commons hath declared Me Traytor and carried up their Charge against Me to the Lords This I assure you is true but I know not yet what the Lords have done upon it God forgive them for their Rebellion as I assure you I forgive them from my Heart for what they do against Me and shall ever continue as I have promised Your affectionate Cousin and Friend HENRIETTA MARIA R. To this he returned the following Letter May it please Your Majesty I Shall not presume to take up much of Your Majesties Time with reading Particulars they being so well known to this faithful Bearer The Dukes Answer to Her Majesty therefore I shall only in the general crave liberty to say that though the State of Affairs here be far otherwise than I could wish yet I was never so hopeful as at this present that no Forces will
come from hence this Summer into England to disturb His Majesties Affairs Yet no Means ought to be neglected in preparing to oppose them lest they should do oâ—herwise nor shall I fail to do the same whatever Malice may whisper to the contrary with all the Power I have and as freely venture both Life and Fortune in that as any living shall So I humbly beseech Your Majesty to believe that not only in this but in all which doth concern His Majesties Service my part shall be such as I have promised and as becometh The Humblest most Faithful and most Obedient of all Your Majesties Servants HAMILTON Holyrood House 10th June The King having received the Letter of Advertisement concerning the Convention wrote down the following Answer about it CHARLES R. The Kings Letter about the Convention to the Council RIght Trusty and Right well-beloved Cousins and Councellours and Right Trusty and well-beloved Councellours We Greet you well We are much surprized at Your Letter of the 12th of this Moneth whereby it seems you have given order for the Calling of a Convention of the Estates of that Our Kingdom without Our Privity or Authority which as it is a business We see no reason for at present and that hath never been done before but in the Minority of the Kings of Scotland without their Consent so We cannot by any means approve of it and therefore We command â—ou to take order that there be no such Meeting till you give Vs full satisfaction of the Reasons for it Given at Our Court at Oxford 22th of May 1643. With this he wrote another to the Earl of Lanerick which follows CHARLES R. and to Lanerick RIght Trusty and Right well-beloved Cousin and Councellour We Greet you well We have herewith sent you Copies not only of the Letters We lately received from Scotland but also of Our several Letters to Our Chancellour and Council there the Originals whereof We leave to your Discretion to deliver and make use of as you shall find best for Our Advantage but for the Business it self We have heretofore so fully declared to you Our Own Opinion therein as We need say no more of that Subject to you We observe in the Letter to Vs that there are but eleven Councellours Names to it and that nâ—ne of those that are best-affected have subscribed it and We find that as great or a greater number of Councellours Persons of great Quality Place and Trust have not subscribed to it Given at Our Court at Oxford 22th of May 1643 Upon what had past the Lords whom His Majesty had trusted resolved to keep up this Letter to the Council till a return came of the Message they had sent to His Majesty But a few days after that Letter was written the Earl of Lindsay came from London to Oxford The Earl of â—indsay â—s with the King to receive the Kings Commands for Scotland to which he was required to go and sit in the Convention of Estates then Summoned His Majesty asked his Advice whether He should give way to its Sitting or not but he answered as he durst not advise His Authorizing of it so on the other hand he might consider if it was like that they who had called it without His Warrant would desert it upon His Prohibition and if His Majesty thought fit to discharge it he would weigh well what the hazard might be of their Sitting against His Pleasure All this being considered by His Majesty He wrote by him the following Letter to My Lord Lanerick CHARLES R. RIght Trusty and Right well-beloved Cousin and Councellour We Greet you well The Earl of Lindsay coming hither from London hath assured Vs that the Cause of the Two Houses sending into Scotland to have the Lords that went hence sequestred was the Intercepting of their Letter sent to Our Dearest Consort the Queen and nothing else We perceive by the Copy of the Resolutions you sent Vs with what Prudence and Loyal Courage your Brother Hamilton and the Lord Advocate opposed at Council there the Order for Calling a Convention of the Estates for which We would have you to give them Our particular Thanks You and others of Our Council there know well how injurious the Calling of a Convention of Estates without Our Consent is to Our Honour and Dignity Royal and as it imports Vs so We desire all Our well-affected Servants to hinder it what they may but shall leave it to them to take therein such Course as they shall there upon advice conceive best without prescribing any way or giving any particular Directions If notwithstanding Our Refusal and the endeavours of Our well-affected Subjects and Servants to hinder it there shall be a Convention of the Estates then We wish that all those who are right-affected to Vs should be present at it but to do nothing there but only Protest against their Meeting and Actions We have so fully instructed this Bearer that for all other Matters We shall refer you to his Relation whereto We would have you to give credit Given at our Court at Oxford the 29th of May 1643. But His Majesty having after that received the Advice sent him from Scotland and His own Thoughts agreeing with it did on the 10th of Iune write the following Letter to be presented to the Convention CHARLES R. RIght Trusty and well-beloved Cousins and Councellours The Kings Letter to the Convention of Estates c. We have received a Letter dated the 22th of May and Signed by some of Our Council some of the Commissioners for Conserving the Articles of the late Treaty and of the Commissioners for the Common Burdens and though it seem strange unto Vs that those Committees should Sign in an equal Power with Our Council especially about that which is so absolutely without the limits of their Commissions yet We were more surprized with the Conclusions taken at â—heir Meetings of Calling a Convention of the Estates without Our special Warrant wherein Our Royal Power and Authority is so highly concerned as that We cannot pass by the same without expressing how sensible We are of so Vnwarrantable a way of Proceeding and if We did not prefer tâ— Our Own unquestionable Right the Preservation of the present happy Peace within that Our Kingdom no other Consideration could move Vs to pass by the just Resentment of Our Own Interest therein But when We consider to what Miseries and Extremities Our Scotish Army in Ireland is reduced by reason that the Conditions agreed unto by Our Houses of Parliament for their Maintenance are not performed and likewise the great and heavy Burdens which We are informed Our Native Kingdom lies under by the not timely payment of the Remainder of the Brotherly Assistance due from England contrary to the Articles of the late Treaty and withall remembring the Industry which We know hath been used upon groundless Pretences to possess Our Scotish Subjects with an Opinion that if God should
raised Regiments of five or six Troops on their own expences And though it is not to be imagined that the publick Expence of so great a Design was not likewise great yet there was a sad want of Money which the Duke and his Brother did all they could to supply as far as their Credit could go and raised above two and twenty thousand pounds sterling for prosecuting of the Engagement and were on all publick occasions so liberal of their own Money as if some Bank had been put into their hands The Curses the Ministers thundred against all who joyned in this Engagement made the Souldiers very heartless being threatned with no less than Damnation This obliged the Lords to use Force in some places for carrying on their Levies and indeed the Ministers counter-acting the State was such that it is hard to judge whether their Boldness or the Parliaments Patience was most to be wondred at The Lords resolved to chastise them to purpose in due time but judged the present time improper for it and to carry on the Levies the better the Parliament adjourned for three weeks So the Lords went to the several places of their Interests leaving a Committee behind them at Edinburgh but before their Adjournment they wrote the following Letter to the Presbyteries The Parliaments Letter to the Presbyteries THe many Scandals that are tâ—rown on our Actions by the favourers of Sectaries and haters of the Person of our King and Monarchical Government invite us to this extraordinary Address to you conjuring you as you will answer the Great God whose Servants you are not to suffer your selves to be possest with unjust and undeserved Prejudices against us and our Proceedings who have since our late Meeting in Parliament preferred no earthly thing to Religion and the promoving all the ends of our Covenant and have constantly used all real Endeavours to have carried on these Duties to the satisfaction of the most tender Consciences and especially by our great Compliance with the many Desires from the Commissioners of the General Assembly we have proceeded to greater discoveries of our Resolutions in the ways and means of managing of this present Service than possibly in prudence we ought to have done having so near and active Enemies to oppose us neither can it with any Truth or Iustice in any sort be alledged that we have in the least measure wronged or violated the least Priviledges and Liberties of the Church or taken upon us the determination or decision of any matters of Faith or Church-discipline though we be unjustly charged with making an Antecedent Iudgment in matters of Religion under pretence whereof great Encroachments are made on our unquestioned Rights for what can be more Civil than to determine what Civil Duties we ought to pay to our King or what Civil Power he ought to be possessed of and if we meet with obstructions and opposition in carrying on these Duties are not we the only Iudges thereof is there any other Authority in this Kingdom but that of King and Parliament and what flows from them that can pretend any Authoritative Power in the choice of the Instruments and Managers of our Publick Resolutions is it a Subject for the Dispute of Church-Iudicatories whether His Majesty have a Negative Voice or not These things certainly cannot be pretended to by any Kirk-man without a great Vsurpation over the Civil Magistrate whereof we are confident the Church of Scotland or any Iudicatory thereof will never be guilty nor fall into the Episcopal disease of meddling in Civil Affairs and if any have already in these Particulars exceeded their bounds we expect the ensuing General Assembly will censure it accordingly and prevent the vilifying and contemning the Authority of Parliament by any of their Ministers either in or out of their Pulpits who shall offer to stir up the Subjects of this Kingdom to disobey or deny to give Civil Obedience to their Laws it being expresly prohibited by the 2 and 5 Acts of King James the sixth his eighth Parliament Anno 1584. That none of His Majesties Subjects under pain of Treason impugne the Authority of Parliament And therefore seeing the Cause is the same for which this Kingdom hath done and suffered so much and that we are resolved to proceed for the Preservation and Defence of Religion before all wordly Interest whatsoever and to carry on sincerely really and constantly the Covenant and all the Ends of it as you will find by our Declaration herewith sent to you we do confidently expect that as the Ministers of this Kingdom have hitherto been most active and exemplary in furthering the former Expeditions so now you will continue in the same Zeal to stir up the People by your Preaching and Prayers and all other ways in your Calling to a chearful Obedience to our Orders and Engageing in the business that you will not give so great advantage to the Enemies of Presbyterial Government and bring so great a Scandal on this Church as to oppose the Authority of Parliament or obstruct their Proceedings in their necessary Duties for the good of Religion Honour and Happiness of the King and his Royal Posterity and the true Peace of His Dominions Signed by Order of Parliament Alex. Gibsone Clerk Regist. Edinburgh May 11 1648. The Parliament having resolved to raise an Army for the Kings Relief The Parliament sends for the Scotish Army in Ireland found it expedient for encreasing the number and strength of their Forces to send to Ireland for a part of their Scotish Army there which as was told An. 1642 had been sent from Scotland thither by Commission from the King under the Great Seal and upon a Treaty and Establishment betwixt the two Nations for suppressing the Irish Rebellion and for perswading them to desert for so Noble an Undertaking their Interest in Ireland which was very considerable for there was above seven hundred and seventy thousand pound sterling of Arrear resting to them upon a stated Accompt fitted by Persons intrusted by the Parliament of England and Commissioners from them preceding the 16th of Iune 1647 besides a year more until Iune 1648 not at all reckoned they sent over three of their number two Knights Sir Iames Macdougal and Sir William Cocheran now Earl of Dundonald and Mr. Crawford Burgess of Linlithgow with Letters and Instructions to that purpose They were kindly received by such of the Officers as had chief Power there but most unwelcome to a contrary Party who had notice how averse the Kirk to which they were addicted had declared themselves from the Designs of that Parliament nevertheless it was quickly agreed to that about twelve hundred Horse and two thousand and one hundred Foot should be provided and regimented and transported to Scotland to be conducted by Sir George Monro in the quality of a Major-General and to be joyned with the Dukes Armie At Westminster they were in great Confusion fearing that the General
that the Duke was suffered to return to Scotland with the King But at His Majesties Landing one appointed by the Parliament to put him from the King required him to withdraw and when the King pressed the Commissioners with the Articles of their Treaty they said they could not oppose an Order of Parliament The King was much offended with this and was inclining to resent it both as an unworthy Usage and as a Breach of Treaty but the Duke told him that at that time Argyle was the person who was most able to render him considerable Service in Scotland therefore though he knew he designed nothing so much as his Ruin yet he advised His Majesty to use all possible means to gain him absolutely to his Party and to neglect himself as much as Argyle desired and not at all to seem much concerned in him adding that he knew when His Majesties Affairs were in a better posture he would not forget his faithful Servants This particular His Sacred Majesty vouchsafed to tell the Writer It was in vain for him to claim either the benefit of the Treaty at Sterlin or Breda Interest and Jealousy prevailing more with these who then ruled than any other Tie so the Duke was forced to retire to the Isle of Arran And goes to Arran where he stayed till the end of Ianuary 1651 nor could his Petitions with the Intercessions of his Friends prevail for allowing him the liberty of coming to fight for his King and Country so that he was forced to stay at Arran till the best half of Scotland was lost Cromwell enters Scotland But God who had suffered the Church-party to prevail long did blast their Force and Success at once for Cromwel upon the Parliament of Scotland's bringing home their King entred it with his Army The Church-party as they had no mind to invade England on the Kings account so were very careful to declare that their Arming against Cromwel was not on the Kings account which they excluded from the state of the Quarrel by an Act of their Committee and declared that they stood only to their own Defence against that Hostile Invasion which was contrary to their Covenant and Treaties They were also very careful to model their Army so that neither Malignant nor Engager that had been of the Kings Party should serve in it for though when His Majesty came to their Army at Leith the Souldiers were much animated by his Presence and with the coming of two thousand brave Gentlemen with him to the Army yet the Leaders of that Party pretended that since the Malignants were in their Army God would be provoked to give them up to the Enemy and therefore forced the King to leave the Army They also forced away all those Gentlemen who came and offered their Service I shall not pursue this account further but only add that notwithstanding all their Confidence of their Army and though they had the Enemy at great disadvantages so that he and all his Officers gavethemselves for gone yet they were with very little Opposition broken and routed near Dunbar on the third of September 1650 Dunbar-Fight and even those who two years before had insulted over the Misfortunes of the Engagement were now themselves taught how ill an Argument Success was to evince the Goodness of a Cause The King is better used in Scotland This procured a great change in the Counsels of Scotland for by that time the honester and better part of the Clergy were by the Murther of the King and the other Proceedings in England filled with distast and horrour at them and began to think how defective they had hitherto been in their Duty to the King and therefore resolved to adhere more faithfully to it in all time coming Others of the Church-party did also see that as Cromwel was setting up a Common-wealth in England so they found many of the forwarder amongst themselves very much inclined to it in Scotland This divided them from the other violent Party made them joyn more cordially with the King and be willing to receive his other faithful Servants to oppose the Common Enemy therefore it was brought under debate if the Act of Classes that excluded them from Trust should not be rescinded and all Subjects allowed to enjoy their Priviledges and suffered to resist the Common Enemy after long debate it was carried in the Affirmative yet none vvere to be received but upon particular Applications and Professions of Repentance The Church-party divided The Commission of the Kirk being also asked their Opinions declared that in such an Exigency vvhen the Enemy vvas Master of all on the South of Forth and Clide all fensible persons might be raised for the Defence of the Country This vvas called the Resolution of the Commission of the General Assembly and was ratified by the subsequent General Assembly But against this many Ministers protested and from thence arose great Heats and Divisions among those of the Kirkmen who owned the Publick Resolutions An. 1652. and those who Protested against them the one being called the Publick-Resolutioners and the other Protesters And now all Churches were full of pretended Penitents for every one that offered his Service to the King was received upon the Publick profession of his Repentance for his former Malignancy wherein all saw they were only doing it in compliance to the peremptory Humour of that time It was about the end of Ianuary that the Duke was suffered to come and wait on the King The Duke is suffered to wait on the King but at that time Cliddisdale with the other Places where his Interest lay were in the Enemies hands who had put Garrisons in Hamilton Douglas Carnwath Boghall and other Houses of that Country Yet the Duke got quickly about him a brave Troop of about an hundred Horse made up of many Noblemen and Gentlemen who rode in it among whom were divers Earls and Lords whose Lands being also possessed by the Enemy they could do no more but hazard their own Persons in his Majesties Service the rest were his Vassals and Gentlemen of his Name and they were commanded under him by a gallant Gentleman Sir Thomas Hamilton of Preston whom he sent with 18 Horse to Cliddisdale to try if the Enemy could be catched at any disadvantage and the People of the Country raised for the King The Enemy kept so good Guards and was so strong at Hamilton that he could not fall in there therefore he went to Douglas where he took about 80 Horse that belonged to the Garrison but could not surprize the House for it was too strong to be taken without Cannon He likewise took all the Horse that belonged to the Garrison at Boghall and killed twenty Souldiers This made the Enemy keep closer at Hamilton upon which the Duke resolved to raise ten Troops of Horse and appointed Sir Thomas Hamilton Lieutenant-Collonel but the Enemies Garrisons gave great interruptions to his
Designs At that time the Enemy landed at Innerkeething in Fife The King marches to England and the great Loss the King had there did both raise the Enemies boldness and much daunt his faithful Friends for now Cromwell was betwixt His Majesty and the Northern Counties of Scotland which were both most affectionate to his Service and from whence he was to expect Provisions and Supplies so that it was not possible for the King to maintain the War any longer in Scotland and therefore he resolved on a March to England being put in hopes of great Accessions of force to his Army from the Royal Party there and this gave a trial to the Fidelity and Courage of many of the Scotish Nation but too many looking on the Attempt as desperate being more careful of their Lives and Fortunes than to hazard either in the King's Service shrunk away though divers of them had Charges in the Army Against these base Deserters of their King and Country the Duke was moved with such just Indignation that he vowed if ever he returned with Life and Liberty he should make these in whom he had interest answer for it But the Duke's thoughts of this March and his sad apprehensions of the whole Business will appear from the following Letter he wrote to his Neece that succeeded him Dear Neece INdeed I know not what to say to you I would fain say something more encouraging than my last was but I cannot lie our Condition is no better and since that time we have a thousand men I fear twice that number run from our Army Since the Enemy shuns Fighting with us except upon advantage we must either starve disband or go with a handful of Men into England This last seems to be the least Ill yet it appears very desperate to me for more reasons than I will trouble you with I fear your own Reason will afford you too many Dear Neece it is not your Courage I will desire you to make use of in this Extremity look for Strength to bear it from a higher Power all your Natural Virtues will not resist it therefore look to him who hath in former times assisted you to resist a great Affliction and can do it again if you seek to him aright you have already lost so much that all other Earthly Losses were drowned in that Those you meet with now are Christian Exercises wherewith oftimes the Lord visits his own to wean their Affections from things here below that we may place them upon himself in whom we have all things and if we could as we ought set our Hearts upon him we should find our selves very little concerned in most things which bring us greatest Trouble here on Earth where we are but for a minute in our way to Eternity O consider that word Eternity and you will find we struggle here for that that 's even less than nothing why trouble we our selves for Earthly Losses for when we have lost all we have there are thousands as dear to God as we as poor as we We are rich though we lose the whole World if we gain him let us set before our eyes the example of those who to give testimony to the Truth rejoyced to lay down their Lives nay let us with humble presumption follow the Pattern of our Blessed Saviour who for our sakes suffered more than man can think on the burthen of all our Sins and the Wrath of his Father and shall we then repine to lay down our Lives for him when he calls for it from us to give us a nearer admittance to him than we can hope for while we are clog'd with our Clay-Tenements Dear Neece I should never be weary to talk with you though this be a Subject I confess I cannot speak of well but even that Happiness is bereft me by the importunity of a Crowd of Persons that are now in the Room with me grudging the time I take in telling you that while I am I am Yours c. Sterlin 28th July 1651. The Duke waited on the King in the whole March and gave Order that the Troops which he had levyed should follow with all possible haste Seven of them came up and joyned the Army at Moffet but the interruptions the Enemy gave made that the rest could not be raised nor were these Troops full The Duke welcomed them with great affection and assured them they should be as dear to him as his own Life and that if God blessed the King with Success he should be very careful to see them rewarded as they should deserve but seeing they made in all but betwixt two and three hundred he feared too many Standards would make them look like the remains of a broken Army and therefore he set up only his own Standard and so turned his small Regiment into a great Troop and marched on with the Army When the Army came to Warington-Bridge An. 1651. and beat Lambert from it the Duke Commanded the Brigade where his Horse were that was in the Reer of the Foot Lambert is beat from Warington-bridge but that and the other Brigade of Horse being commanded to halt he sent his Major to the Lieutenant-General for Orders to March that the Enemy might be vigorously pursued but the Lieutenant-General would have the Foot led over first and so that occasion was lost which he with many others did infinitely greater with great demonstrations of Grief Then it was debated which way the King should hold the Duke pressed that they should March streight to London which was the desire of the whole Army and that which Lambert apprehended for in his Retreat he took the London-Road There were also many other reasons used to enforce it but the English Nobility and Gentry who were in the Army and the Earl of Derby who with many Gentlemen came to the Army that night gave many reasons against that March The Duke seeing them so much against it though his Reason could not go along with theirs yet that he might not oppose so many brave and LoyalGentlemen went out of the Kings Tent for he would not by his Presence seem to consent to that which he apprehended would prejudice the Kings Service but was so far from disparaging the other Counsels and enhancing the value of his own that he went and laboured with all the Officers of the Army to engage them to a cheerful Concurrence in the Resolutions that were taken and studied even to perswade them to assent to that which had not yet prevailed on his own Reason The Resolution being taken to go to Worcester and storm it The King entered Worcester the Army marched and when they came near the Town some Horse and Dragoons which were sent thither by Lambert two days before retired to Glocester and the King entred Worcester with two Bodies of Foot the rest Marched through the Town over the Severn The day after the King came to Worcester the Duke with many