presently but four hundred thousand were Voted to them and only one hundred thousand presently and upon this they stood long The Two Houses having on the 24th of September Voted that the Kings Person should be demanded from the Scotish Army their Commissioners at London gave in long Papers against that The Scotish Commissioners at London complain of the Kings ill Usage and the harsh Votes of the Two Houses which were Printed and so need not be here inserted In them they shewed That the King being Soveraign of both Kingdoms was not to be disposed by the Parliament of one Kingdom That this was destructive to the Relation and Interest the Scotish Nation had in Him and contrary to the nature of Soveraignty and to the Covenant and Treaties of both Kingdoms by which it was agreed That His Majesties just Power and Greatness should not be diminished which by such a Demand of His Person was very signally done It was also agreed that all things in order to Peace to which the Disposal of the Kings Person did relate in a signal manner should be done by the Ioynt Councils of both Kingdoms After this in the Month of October begun the Treaty betwixt the Scotish Commissioners and the Committee appointed for that end by the Two Houses of Parliament Many Conferences are betwixt the Two Houses and them which was managed in the Painted Chamber in the presence of all the Members of the Two Houses The Scotish Commissioners who were the Earls of Lowdon and Lauderdale and the Lord Wariston declared in all their Papers and Speeches that they were not to Treat about His Majesties Person nor the Disposing of it but only about the Removal of the Army the Delivery of those Garrisons that their Army had in England and the Payment of Arrears due for their Armies both in England and Ireland and they continued to press that whereas the Two Houses had in all their former Declarations laid the blame of the Breach betwixt the King and them on His Majesties Withdrawing from His Parliament that therefore they would invite His Majesty to come with Honour Freedom and Safety to some of His Houses in or about London in which they still insisted to the last And so far were they from Treating about the Disposing of His Majesties Person that in the end of their Treaty when they had finally agreed on all things it was expresly declared in the first Article of the Treaty that pass'd under the Great Seal that nothing relating to the Kings Person was concluded on by it so that after that was ended the Scotish Parliament might have still preserved the King and brought him with their Army to Scotland But the Houses turned the Propositions to Bills The Houses press a speedy Answer to their Propositions and passed a Vote that new Commissionerâ— should be sent to the King with the concurrence of those of Scotland to press a satisfactory Answer with this Sanction that if it were not granted they should be forced to look to the Security of His Person And the English Army fell upon a most destructive Resolution of adjourning the Parliament neither were they over-awed by any thing so much as the fear of the Scotish Army The great point now debated in the Councils of Scotland was whether a final Settlement with the King should be the Condition of the Armies Retiring or not The Duke with all his Friends pressed this vigorously as that which was agreed on by their Covenant and Treaties But the Church-men still influenced all Counsels and finding the King irreconcileable to their Way were still full of their Jealousies of Him and it was said down-right that they ought not to meddle betwixt the King and the Parliament of England but leave Him and them to their own Counsels so strangely did their Language vary from what it was Anno 1643. At this time the King sent Mr. Murray of the Bed-Chamber to London Mr. Murray is sent by the King to London who carried another Message but it was so displeasing that it served only to put his Neck to a new hazard for the Kings Service and he durst scarce stir out of doors all the while he was there In the beginning of November a new Session of the Triennial Parliament of Scotland did hold The Parliament of Scotland meets but little was done for some Weeks save that there came to them a Remonstrance from the Assembly wherein in the first place Complaints were made of the Committee of Estates for their Agreement with Montrose and his Followers which was represented as a great Crime especially they being excommunicated Next they complained of His Majesties constant adherence to Prelacy and of the danger Religion was in by the Malignants for so was the Kings Party then called who were beginning to set up their Heads again wherefore they recommended to their Care both the Preservation of Religion and of the Treaties with England Upon this the Transaction of the Committee of Estates in the Agreement with Montrose was examined and it was put to the Vote Approve or Exoner them only the former was carried by twenty Votes but all the Pulpits thundered against it wherefore to stop the mouths of the Ministries it was enacted That in any Treaty that should be thereafter with those who were in Arms the Commission of the Kirk should be consulted about the Lawfulness of the Conditions For at this time both the Marquis of Huntley was in Arms in the North and Antrim was also come over to Kintyre in Iuly the former year and continued still there His Majesty sent Mr. Robert Lesley with Orders to my Lord Huntley for laying down of Arms with whom he wrote the following Letters to the two Brothers Hamilton A Trusty Messenger requires but a short Letter and brevity is the more convenient for Me who have much to do and but few helpers wherefore I shall say no more but hear and trust Robin Lesly for he is come from Your most assured real faithful constant Friend CHARLES R. Newcastle Nov. 12th 1646. Lanerick HEaring that Marquis Huntley expects My Commands for his laying down of Arms I have thought fit to send this Trusty Bearer Robin Lesly to him but thought it necessary to address him first to you that you in My Name might acquaint the Parliament with this My Intention which if they approve of he may go on accordingly if not there is no hurt done Yet howsoever I have expressed My Desire for the Peace of the Country but in case they shall permit Robin to obey My Commands then I expect that they give him Power to assure Huntley of the same Conditions that he might have had before All which I command you to represent to My Parliament in My Name leaving the particular expressions to you having only set down the sense Other things I have intrusted little Nobs to tell you too long for a Letter but of no small Consequence by which at
Lanerick Cousin YOu will perceive by this that you cannot make more haste in obliging Me A Letter from the Queen to Lanerick than I shall on My part in witnessing My Acknowledgements of it I ascribe a great deal of the good Inclinations your Commissioners do now express to the good Offices you do of which I intreat the Continuance The testimonies of Friendship which I receive from those of your Family surprize Me less than what I met with from other Hands and I promise My Self to see further effects of it And as I have all the esteem of you that you can expect so you owe Me the Iustice of believing that I shall give evidence of it upon every occasion that shall be offered to Me nor shall I rest satisfied with that but shall diligently search out every opportunity of expressing it Therefore I entreat you to believe that I am Cousin Your very good and very affectionate Friend and Cousin HENRIETA MARIA R. Towards the end of December the Earls of Lowdon Lauderdale and Lanerick The Scotish Commissioners go to His Majesty followed the English Commissioners to the Isle of Wight and after they had protested against the Bills they concluded their Treaty with His Majesty to engage for his Rescue and Re-establishment on his Throne and to bring in an Army into England assoon as it were possible for that effect An Agreement with the King to bring an Army for His Service The King on the other hand engaged to them for all the Assistance they could demand from the Queen or Prince or any other who would obey His Authority and that the Prince should come to Scotland assoon as they found it convenient to invite him and that His Majesty should grant all the Desires of Scotland which with a good Conscience he could grant And the Commissioners having advised and agreed with His Majesty both about the Methods of carrying on their Designs and the ways of keeping Correspondence with him they resolved to return home to Scotland and so they left His Majesty at Wight in the end of the Year But upon the Kings refusing to pass the Bills he was made close Prisoner and a Vote passed in both Houses against all further Addresses to him MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB VI. Of the Dukes Engagement for the Kings Preservation and what followed till His Death Anno 1648. An. 1648. THe former Book has given the Reader a just and full Representation of His Majesties Imprisonment and the Danger his Person was in of the Force put on the Two Houses by the Army and of the breach of former Treaties with the Scotish Nation and now it cannot but be imagined that such Illegal and Unjust Proceedings must have inflamed the Resentments of all good Subjects and more signally of such who had formerly been carried away in the crowd to act against the Kings Interests but now seeing how fatal the Breach between the King and his People was likely to prove to both were much concerned to correct all former Errours and expiate all past Faults by a vigorous appearance for the Kings Rescue out of his Imprisonment In order to this Design the Duke was not idle in Scotland The Dukes endeavours in Scotland but by all the Art and Diligence he was Master of did study to rouse up and work upon the Fidelity and Loyalty of that Nation representing that now an Occasion was in their Hands to witness to the World the sincerity of their Intentions for their King when he was under so base a Restraint and Designs were hatching against his Life Would they now look on and see the King murdered the Parliament of England over-awed the City of London oppressed the whole English Nation enslaved the Treaties with Scotland so unworthily violated the Covenant and Religion so neglected and swarms of Sectaries over-run all Now or never was the time for declaring themselves and if Duty did not move them yet the apprehension of their own Danger might provoke them to look to themselves for did they think to escape the fury of the Sectaries if they were so tame as to suffer them to prevail in England therefore all Laws Divine and Humane did oblige them to look to themselves and to those Enemies of theirs And there was good reason to hope for success since besides the Blessing of God which might be expected upon so just and Noble Enterprizes the People of England were groaning under this Usurpation and would be ready to assist them and they had reason to expect a welcome from the City of London and the better part of the Two Houses These things did prevail much on the most of the Nobility and Gentry Three Parties in Scotland But at this time Three Parties begun to appear in Scotland The one was of those who would hear of no Proposition for the Kings Delivery unless he first gave satisfaction in matters of Religion and this was made up of the Preachers and a few of the Nobility and the Western Counties Others were for a direct Owning of the Kings Quarrel without any restrictions and for taking all Persons who had been in Arms for the Kings Service within it The Earls of Traquair and Calendar were the chief of these and many Noblemen were of it who called themselves the Kings Party but their Power in the Country was not great The Duke was as much for that in his thoughts as any of them but saw it impossible to effectuate the Kings business at that rate and therefore judged it best to go on in so great a Design by degrees The present Strait was that he first looked to which was the Rescue of the Kings Person and he doubted not if they once got a good Army engaged upon that account though all were at first clogged with many severe Restrictions yet it would be easy afterwards to carry things that were not to be then spoken of and this way took with almost the whole Gentry of Scotland The Scotish Commissioners spent much of the month of Ianuary at London The Commissioners return to Scotland establishing a good Correspondence with the Kings Friends in England and they had Letters from St. Germans in France in which the Queen and Prince undertook to make good to them all that had been promised by the King in their Name And in the Commissions the Prince gave to Sir Marmaduke Langdale and others for Levying of Forces in the North of England he commanded them to receive their Orders from the Earls of Lauderdale and Lanerick and follow their Commands Thus having laid down the best Methods they could think of with their Friends in England they set out for Scotland about the end of Ianuary At their coming to Scotland they found a general dissatisfaction with the Kings Message in November about Religion And though all the Duke's Friends were ready to have hazarded their Lives for His
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
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
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
Interest which he could offer unto His Majesty and he would be sure of all his Men there such naked Rogues as they were is his own phrase Besides there were store of Cows in that Island for the provision of the Fleet which he appointed should not be spared Thus was the Design laid down for curbing the Scotish Insolences and layes down methodâ— for the effectuating of his design yet His Majesty firmly resolved that when-ever they returned to their Obedience he should not be inexorable The first thing for prosecuting this Design was the looking for Officers and Money for the former England was pretty scant yet the best were sought out On the second of February the King named the Earl of Arundel to be General the Earl of Essex to be Lieutenant-General of the Foot and the Earl of Holland to command the Horse Letters were also sent through the Counties for levying of Men and Advertisements given to the Nobility to meet the King at York against the first of April Antrim undertook bravely and Strafford said he should doe what was possible with all expedition The Fleet was appointed presently to be rigged out and Orders issued out for levying five thousand Souldiers under the Command of the three gallant Colonels Morton Byron and Harecoat who should go with the Fleet without knowing whither they went A Commission for the Lieutenantry of the North of Scotland was sent to the Marquis of Huntley but he was ordered to keep it up as long as was possible and carefully to observe two things One was not to be the first Aggressor except he were highly provoked or His Majesties Authority signally affronted the other was that he should keep off with long Weapons till His Majesty were on the Borders lest if he should begin sooner the Covenanters might overwhelm him with their whole Force and either ruine him or force him to lay down his Arms. As for the Marquis his Employment he told His Majesty that though he was so far from declining his Service at such a time that he should be infinitely troubled if he were not imployed yet he desired the King might choose a fitter person for the Naval Forces since he was altogether unacquainted with Sea-affairs and not fit for such an important Service But His Majesty looking upon this as an effect of his Modesty gave no hearing to it telling him that as for Affairs purely Naval Sir Iohn Pennington the Vice-admiral should go with him and would abundantly supply his defects in that But the getting of Money was the hardest part of all for two hundred thousand pound Sterlin was all the Money the King could make account of The Treasury was much exhausted and an unlucky Accident fell in at that time which put the King to much extraordinary Expence the Queen-Mother of France coming over to England yet the King found Himself able to doe well enough for the Summer following but His Purse could not weather out another year Thus did the King frame and prosecute His Design with the Secret whereof very few were trusted it being communicated to none without reserve save to Canterbury Arundel Sir Henry Vane and by Letters to Strafford but above all to the Marquis But here this Narration must be stopt that we may take a view of Scotland The Covenanters prepare for War and of the Power and Practices of the Covenanters In the beginning of Ianuary there was a full Meeting of them at Edinburgh where they first resolved to send a Gentleman to the King with the Assemblies Letter and a Petition from themselves full of Submission to the King Invectives against the Marquis and Justifications of their Procedure in all things particularly in the late Assembly which they doubted not they should make appear in the ensuing Parliament of the holding whereof they seemed to make no question With this the Earl of Argyle wrote a general Vindication of his own Behaviour and these Letters were sent to Court by Mr. Winram His Majesty received their Petition but resolved to give it such an Answer in due time as their Behaviour deserved but he wrote back to Argyle that he should be willing to receive from his own mouth a Vindication of his late Behaviour though it seemed scarce capable of any The Covenanters their next and indeed chief care was to fortifie themselves against what they knew in reason they might quickly expect Orders were therefore given through all the Shires of Scotland that a Committee of War should sit in every Shire Souldiers be listed and trained and a Commissioner sent from every County to lie at Edinburgh for receiving and transmitting of Orders Great care was also taken to provide the Country with Arms and Ammunition Merchants were sent every where to buy up all were to be had and in a short time there were Arms for above thirty thousand men brought to Scotland and particular Orders were given that none should be sold but to such as were well-affected to the Cause Strong and strict Guards were set about the Castle of Edinburgh so that it being but hitherto ill furnished little was to be expected from it wherefore Ruthwen would not shut himself up within it but went to offer his Service to His Majesty where he might be more useful They were also careful to fortifie Leith apprehending hazard from the Kings Fleet and about fifteen hundred of all Sexes yea and all Qualities for encouraging of others wrought about it till the Fortifications were compleated But of all men the Ministers were the busiest the Pulpits did ring with the Ruine of Religion and Liberties and that all might look for Popery and Bondage if they did not now quit themselves like men and are much inflamed by the Ministers Curses were thundred out against those who went not out to help the Angel of the Lord against the mighty so oddly was the Scripture applied and to set off this the better all was carried on with many Fasts and Prayers and they forgot not to pretend much Duty and Affection to the King but the Bishops and his other ill Councellours as they called them got the blame of all and none more than the Marquis By these means it was that the poor and well-meaning People were animated into great extremities of Zeal resolving to hazard all in pursuance of the Cause for they were told that the design was to reduce Scotland to a Province under the Power of the English whose Oppression they must resolve to bear if they stood not now to their own Defence Upon this it was that the Committees for War which were held in the several Shires about the beginning of February found small resistance and no difficulty of levying Men greater numbers being offered than could be either armed or maintained At Edinburgh the Session met with great trouble from the Covenanters The Session is disturbed for the greater number of the Lords of the Session being resolved not to own the Assembly all
Peers advised a Settlement with Scotland and a Parliament in England Strafford's Advice was more severe and the Marquis pressed a Pacification But though their Opinions varied yet their Friendship continued since both had the same designs for the Kings Honour and Service A recruit of Money which was beginning to run low was not to be hoped without a Parliament and their late experience told on how uneasie terms that was to be had Earl Lowdon also assured the Marquis by his Letters that the Covenanters were well armed well commanded and very resolute nor did they doubt of a strong Party in England and therefore shewed how dangerous it would prove to His Majesties Affairs if a Treaty should not presently follow The Marquis little regarding how ill these Counsels would be represented by others used all his Industry to prevail with the King for a Pacification on any terms since none could be so bad as the hazard the King was like to run if matters continued so broken for it was now apparent how faintly His Majesties Forces did serve him and with how much resolution the Scotish Armies proceeded neither were they without fears in their own Army and that many of the Peers and People of England would have assisted the Scots if matters had run to extremities A Breach betwixt the Marquis and the Earl of Montrose But at that time a passage fell out which drew after it a tract of great Troubles on the Marquis The Earl of Montrose had in Iuly that year procured a Meeting of some Noblemen at Cumbermwald the Earl of Wigtons house where there was a Bond signed by them of adherence to one another in pursuance of the Covenant and from New-Castle he continued to keep Correspondence with His Majesty notwithstanding an Act that had passed in the Committee that none should under pain of Death write any Letters to the Court but such as were seen and allowed of by at least three of the Committee But this Correspondence of my Lord Montrose came to the knowledge of the Covenanters and there were ill Instruments who suggested that this Advertisement must have been given by the Marquis which being too easily believed occasioned a Breach betwixt them that could never be made up And Sanderson hath had the Impudence not only to fasten this on him but as if there had not been Imputation enough in it he adds that the Marquis had in the night picked His Majesties Pockets for his Letters Indeed he needed not take such Courses had he been capable of that Treachery for the Kings Confidence in him was such that he delivered all the Letters he had from Scotland to his keeping and if he had designed such a thing upon Montrose it was in his Power to have done it long before for in October and December of the former year Montrose had writ much in the same strain to the King which Letters the King gave him and are yet extant but were never heard off till now that the Writer gives this account of them But the way how that Letter was discovered was this the Covenanters sent Sir Iames Mercer to York with their Letters to my Lord Lanerick of September the 14 th with whom my Lord Montrose sent his Servant with Letters to some of his Friends at Court and these Letters had been shown to the Committee but as he sealed them up he put within one to Sir Richard Grahame a Letter to the King which had not been seen and Sir Richard opening his Letter carelesly the inclosed to the King dropt out whereupon Sir Iames Mercer being near him stooped down in civility to take up the Letter and read the Direction of it and he returning next day to the Scotish Camp told what he had seen to the General who in a Committee that sate that afternoon wherein it was my Lord Montrose's turn to preside said that the Gentleman they had sent must be examined concerning any Letters he carried to the Court and so he was called in and examined But Montrose understanding that his Correspondence with the King was discovered said that seeing others kept a Correspondence with the Court he knew not why he might not do it as well as they it was answered if others were guilty that did not excuse his fault but when that could be made out against any they were liable to the same Censure he had now incurred whereupon he was commanded to keep his Chamber and he called a great many of his Friends to him to try who would adhere to him whereupon the General bade the Earl of Calender who was then Lieutenant-General tell him that if he came not and submitted himself he would hold a Council of War upon him and proceed against him Capitally Upon this my Lord Montrose came and produced a Copy of the Letter he said he had written and craved pardon and so this Matter was passed over â—ut it was suspected that his Letter had been sent to the Covenanters by the Marquis whereas indeed they knew no more of his Letter but what they had from Sir Iames Mercer who read the Address of it and so they knew not what was in it but by the Copy he produced Yet this went current for the Marquis his Treachery though Sir Iames Mercer did often vouch the truth of this before many Witnesses and particularly particularly to Sanderson himself before Noble Witnesses who acknowledged his Mis-information and promised to expunge that in the next Edition of his Book though there are no grounds to fear the Woâ—ld will ever be troubled with another Edition of so ill a Book The Treaty at Rippon In the end of September a Treaty was agreed upon and His Majesty named the Marquis and my Lords of Traquair and Lanerick to be amongst the Commissioners who should Treat in His name But the Covenanters excepted against the Marquis and Traquair whom they intended to pursue as Incendiaries and therefore they could not Treat with them as for Lanerick they had nothing to fasten on him Upon this the King resolved to send none but English Lords conceiving it not fitting to send any Scotchman if the persons he had imployed as Commissioners were not of the number Rippon a little Town fifteen miles from York was appointed to be the place of Treaty instead of Northallertown and the King sent the English Lords thither appointing Traquair and Lanerick to wait upon them for giving them Information of Scotish Affairs but he kept the Marquis to wait upon Himself The Treaty begun at Rippon and after a few days by reason of the new Parliament the King had summoned against the beginning of November was removed to London The Covenanters Demands were the same with those contained in their Letter of the 8th of September about which they continued Treating till the Iune of the next year and so this year ended But here I shall insert a Paper all written with His Majesties hand which though it do not relate
the World is in so much mis-understanding of me but now be your Lordship pleased to admit me to resort to your noble Expressions and former Friendship that I may carry forth of the â—ourt with me the belief and tokens of it It is told me that the Lords are inclinable to preserve my Life and Family for which their generous Compassions the great God of Mercy will reward them and surely should I die upon this Evidence I had much rather be the Sufferer than the Iudge All that I shall desire from your Lordship is that devested of all Publique Imployment I may be admitted to go home to my own private Fortune there to attend my own Domestick Affairs and Education of my Children with as little asperity of words or marks of Infamy as possibly the Nobleness and Iustice of my Friends can procure for me with a Liberty to follow my own occasions as I shall find best for my self This is no unreasonable thing I trust to desire all considered that may be said in my case for I vow my fault that should justly draw any heavy Sentence on me I yet do not see yet this much obtained will abundantly satisfie a Mind hasting fast to quiet and a Body broken with afflictions and infirmities And as I shall take my self highly bound to any that shall further me therein so I more particularly desire to receive an obligation therein froâ— your Lordship than from others as being purposed in the truth of my former Professions to express my self Your Lordships humbly to be Commanded STRAFFORD Tower 24th of April 1641. But since all His Majesties most vigorous Intercessions were not able to preserve that Great man it is not to be imagined any good Offices done by meaner persons could succeed yet the Marquis acted in it with Great Candor and Friendship but that preserved him not from being suspected of having advised the King to consent to Strafford's Death and for his Vindication I shall only refer the Reader to his own words in the Speech he delivered the morning before he died to be inserted in its proper place The Scotish Bishops who were now at London thought themselves undone and complained of the Marquis as the cause of their Ruine Many complain of the Marquis and yet he had been careful to get them all either provided with Places or relieved with the Kings Money so that all of them in their Letters to him acknowledged him to be their only Patron about the King Traquair was worst pleased of any and complained that the Marquis had opposed the Article of Incendiaries till his own Name was dashed out and then had deserted the rest but his Name was not struck out alone Huntley's and many others being dashed out with him besides the prejudice of that Process was only to be put out of Imployment in Scotland by which the King was engaged in Honour to make up that loss another way wherein the Marquis engaged to serve him faithfully Others of the Court who hated and envied him were glad to find colours of Censure in any of his Actions and it was loudly talked that the King was now to part with his Crown of Scotland with his own hands by granting Concessions so derogatory from Kingly Authority but the King who understood his own Affairs better than any of these Censurers saw the necessity of settling with Scotland immediately For the Marquis represented to His Majesty that though those Acts did very much diminish his Authority yet the Scotish Parliament being governed but by a few Heads who influenced the rest there was no doubt but the gaining of the Leading-men might so prepare things that ere a few years went about all might be brought to a greater Temper for the King was firmly resolved to make good what he now promised and never to violate these Concessions unless he could get them rescinded in Parliament And let me once for all say freely this was the great Measure of all the Marquis his Counsels about Scotland that except when he saw at the beginning as hath been said that the Kings Interest and Honour required his utmost Resentments and that a forcible Redress seemed not improbable and promised success way should be given to the present heats for some time in hope of recovering of them by such Concessions The Earl of Rothes is gained and soon after dies and in pursuance of this design Rothes was much caressed by the King and intirely gained but as he was recovering to his Duty he was overtaken by sickness of which he died at Richmond and was much regrated both by those of the Court and the Covenant being a man of great Abilities and much Honour In Iune the Earl of Dumfermline and Lowdon were sent from London to Scotland with the Articles of the Treaty and a desire that the Parliament there might yet be prorogued for some time since the Affairs of England put a stop to the Kings present Journey They also carried down a Submission from Traquair and were to deal that the Acceptance of it might stop the further agitation of the Pursuit against him All this while there had been divers Meetings of Parliament in Scotland but by reason of the dependence of the Treaty they were still prorogued The Parliament of Scotland is oft prorogued but goes on with the Process against Incendaries Their greatest business was to prepare the Process against the Incendiaries both the President Spotswood and the Clerk of Register Hay being Prisoners in the Castle of Edinburgh since the former Winter The Covenanters required the Kings Advocate to concur with them according to his Place which obliged him to assist in the Pursuit of all Publick Crimes but Lanerick in the Kings Name commanded him to deny his concurrence and this made much ado as also in all the Kings Orders for proroguing the Parliament mention was made of my Lord Traquair as Commissioner against which they always protested But at this time the Parliament would not consent to Prorogue of new only they declared they should be preparing matters and not go on to the Determining any thing before the middle of August against which time the King purposed to be in Scotland As for Traquair's Submission it was rejected and many begun to complain aloud that whereas they signed a Bond to prosecute the Incendiaries yet many were dispensed with and much pains was taken by distinctions to satisfie their Consciences that they meant not to set up an Inquisition by that Oath and that it was only meant of those that were declared and avowed Incendiaries but others said that the words were general and tied them without respect of persons to pursue all equally The Earl of Montrose is made Prisoner for corresponding with the Court. At this time there was a Gentleman seized at Broxmouth with Letters to my Lord Montrose which discovered a new Correspondence of his with the Court for my Lord Traquair's Preservation and with this
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
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
may be had and He and all His Subjects may discern what is to be left or brought in as well as what taken away He knows not how to consent to an Alteration otherwise than to such an Act for tâ—e ease of Tender Consciences in the matter of Ceremonies as His Majesty hath often offered And His Majesty hath formerly expressed Himself and still continues willing that the Debates of Religion may be entred into by a Synod of Learned and Godly Divines to be regularly câ—osen according to the Laws and Customs of this Kingdom to which end His Majesty will be very willing that some Learned Divines of the Kirk of Scotland may be likewise sent to be present and offer their Reasons and Opinions This was the Success of that Negotiation but because the Reader may wonder how Lowdon and the Marquis came to be in such terms I shall set down the occasion of their Breach When Lowdon was to go up the Marquis resolved on a Course that should either stop his Journey or make him so obnoxious to the King that he should not dare to act contrary to his Duty which was this Lowdon had purchased from the King a Right to the Annuities of the Tythes that was confirmed to His Majesty by Act of Parliament whereupon the Marquis caused the following Petition to be drawn by Traquair's Advice To the Kings most Excellent Majesty the Humble Petition of the Noblemen Barons and Gentlemen occasionally met at Edinburgh Humbly Sheweth THat whereas Your Majesty at Your late being in Scotland being humbly moved to disburden and liberate the Subjects of this Kingdom of the Annuity due to Your Majesty out of the Tythes The Petition against the Annuities were pleased in that only Particular to delay to give us our Hearts desire and now out of the sense of the great Burdens that lye on us and in Confidence of the Continuance of Your Majesties Fatherly Care of the Good of Your Subjects we presume humbly to supplicate Your Majesty to be Graciously pleased in this Particular to dispense with Your Own Benefit or at least till Your Majesty be informed of the true state thereof to discharge Execution against us for the said Annuities And for Your Majesties incomparable Goodness and Gracious Favours we shall as in duty bound behave our selves in every thing as becometh Loyal and Faithful Subjects As we have unanimously endeavoured so shall we still continue to return such thankâ—ul Acknowledgment as may give to Your Majesty a real Testimony of our zealous Affections to Your Majesties Sacred Person Honour and Greatness derived upon Your Majesty by so many unparalelled Descents and as Your Majesty may expect and justly challenge from the Allegiance of us Your Majesties most obedient and obliged Subjects 16th February 1643. The last words of this Petition were by the first draught so conceived as would have amounted to a Bond of Mutual Defence and Adherence which the Marquis thought might draw on a Rupture and occasion a pursute as against Plotters therefore since this Paper was to be avowed and publick he judged such Expressions as were smooth and general were fittest for their Design This Petition was signed by him and a great many of the Nobility he also sent it up and down all the places where he or his Friends had Interest to get Subscriptions to it This was generally lookt upon as a well-couched Bond both by such as took it and those who refused it and yet this smoothing of the Expressions of it was represented by the Marquis's Enemies as done in prejudice to the Kings Service These Petitions were sent immediately to the King upon which great Complaints were made as if by these immediate Addresses the Judicatories of Scotland had been neglected but the King justified that part of it in an Answer he wrote to the Council and for the thing it self he resolved to keep Lowdon under the fear of it and therefore delayed to make any Answer In the end of February Her Majesty landed at Burlingtown whither the Earl of Montrose went to represent to Her the hazard of a new Rebellion in Scotland The Queen lands in England and Montrose waits on Her and offers his Service and that the only way to prevent it was to take the start of them before they were ready and with a great deal of forwardness offered his Service in that Design adding that he had great Assurances of a considerable Party who he knew would own the Kings Quarrel but he did not condescend on the particular way of prosecuting it so that the Queen was not satisfied of his being able to effectuate what he undertook Mean-while the Marquis hearing of Her Majesties Landing went to wait on Her to whom She proposed the Earl of Montrose's Offer but he studied by all means to divert Her from listning to it upon the following Grounds The King had settled a Treaty with Scotland The Marquis goeâ— to Her and disâ—wades the precipitating a Rupture with Scotland and till that were violated on their part he knew His Majesty would never consent to a Rupture on his part and the King had so often and so lately in his Letters and Declarations protested he was resolved unalterably to adhere to the late Settlement that if he should now authorize the first Breach it would bring an indelible stain upon his Honour and create a perpetual Difâ—idence in his Subjects of all his Concessions and Assurances He confâ—ssed he had great Fears of Scotland and therefore would undertake for nothing but his own Faithfulness and Diligence yet he hoped to get things kept in Agitation all that Summer so that for that Year there should not be a Scotish Army in England But that was the utmost of his Hopes yet it was much fitter to spin out things as long as could be than to precipitate them by an over-hasty Rupture besides he could not see how any Hopes could be conceived from that design of Force There was never a Castle nor Strength in Scotland in the Kings Power to which they might retire The Vulgar were still at the Ministers devotion and by late and fresh experience they saw them all as one man resolved to die in the Defence of the Covenant and any handful of Gentry could be gathered together would signifie nothing but to expose their own Throats to their Enemies Rage and the Kings Authority to their Hatred and Scorn so there remained no hopes but in the Highland-men which he accounted as good as none Their two chief Heads where the Marquisâ—es of Huntley and Argyle the former was not to be much rested on being unable to do what so brisk an Undertaking required and they knew well what to expect from the other Besides any Companies could be brought down from the High-lands might do well enough for a while but no Order could be expected from them for assoon as they were loaded with Plunder and Spoil they would run away home to their
receive of their Plagues and that the Lord may be one and his Name one in the three Kingdoms We shall with the same sincerity reality and constancy in our several Vocations endeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdoms And to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms That the World may bear witness with our Consciences of our Loyalty and that we have no thoughts or intentions to diminish His Majesties just Power and Greatness We shall also with all faithfulness endeavour the discovery of all such as have been or shall be Incendiaries Malignants or evil Instruments by hindering the Reformation of Religion dividing the King from his People or one of the Kingdoms from another or making any faction or parties amongst the People contrary to this League and Covenant That they may be brought to publick Trial and receive condign Punishment as the degree of their Offences shall require or deserve or the Supreme Iudicatories of both Kingdoms respectively or others having power from them for that effect shall judge convenient And whereas the happiness of a blessed Peace between these Kingdoms denyed in former times to our Progenitors is by the good Providence of GOD granted unto us and hath been lately concluded and settled by both Parliaments We shall each one of us according to our place and interest endeavour that they may remain conjoyned in a firm Peace and Vnion to all posterity and that Iustice may be done upon the wilful opposers thereof in manner expressed in the precedent Article We shall also according to our places and callings in this common cause of Religion Liberty and Peace of the Kingdoms assist and defend all those that enter into this League and Covenant in the maintaining and pursuing And shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terrour to be divided and withdrawn from this blessed Vnion and Conjunction whether â—o make deâ—ection to the contrary part or to give our selves to a detestable indifferency or neutrality in this Cause which so much concerneth the Glory of GOD the Good of the Kingdoms and Honour of the King But shall all the days of our lives zealously and constantly continâ—e therein against all opposition and promote the same according to our power against all â—ets and Impediments whatsoever And what we are not able our selves to suppress or overcome we shall reveal and make known that it may be fully prevented or removed And which we shall do as in the sight of God And because these Kingdoms are guilty of many sins and provocations against GOD and his Son Iesus Christ as is too manifest by our present distresses and dangers the fruits thereof We profess and declare before GOD and the World our unfained desire to be humbled for our own sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the purity and power thereof and that we have not endeavoured to receive Christ in our hearts to walk worthy of him in our liâ—es which are the causes of other sins and transgreâ—sions so much abounding amongst us And our true and unfained purpose desâ—re and endeavoâ—r for our selves and all others under our power and charge both in publick and in private in all Duties we owe to God and Man to amend our lives and each one to go before another in the example of a real Reformation That the Lord may turn away his wrath and heâ—vy indignation and establish these Churches and Kingdoms in Truth and Peace And this Covenant we make in the presence of Almighty GOD the Searcher of all hearts with a true intention to perform the same as we shall answer at that great Day when the secrets of all hearts shall be disclosed Most humbly beseeching the Lord to strengthen us by his Holy Spirit for thâ—â— end and to bless our desires and proceedings with such success as may be deliverance and safety to his People and encouragement to other Christian Churches groaning under or in danger of Antichristian Tyranny to joyn in the same or like Association and Covenant To the Glory of GOD the Enlargement of the Kingdom of Iesus Christ and the peace and tranquility of Christâ—an Kingdoms and Commonwealths This was offered to the Assembly on the 17th of August The Censures that generally were passed on it and after it was publickly read Mr. Henderson being then Moderator had a long Speech about it Then it was read the second time and many of the most eminent Ministers and Lay-Elders were desired to deliver their Opinions about it who did all magnifie it highly and though the Kings Commissioner pressed a Delay till at least it were communicated to the King yet the approving it was put to the Vote and carried unanimously and they ordered the Lord Maitland the now Duke of Lauderdale and Mr. Henderson and Mr. Gillespy to carry it up to the Two Houses at Westminster On the same day it was also approved in the Convention Wise Obfervers wondered to see a matter of that Importance carried through upon so little Deliberation or Debate It was thougâ—t strange to see all their Consciences of such a size so exactly to agree as the several Wheels of a Clock which made all apprehend there was some first Mover that directed all those other Motions this by the one Party was imputed to Gods extraordinary Providence but by others to the Power and Policy of the Leaders and the simplicity and fear of the rest One Article of it was thought strange that one Government of the Church was abjured but none sworn to in its place for England this was not the fault of the Scots who designed nothing so much as to see Presbytery established in England But the English Commissioners would not hear of that and by that General words of Reforming according to the Word of God cast in by Sir Henry Vane thought themselves well-secured from the inroads of the Scotish Presbytery and in the very contriving of that Article they studied to out-wit one another for the Scots thought the next words of Reforming according to the Practice of the best Reformed Churches made sure game for the Scotish Model since they counted it indisputable that Scotland could not miss that Character Those of Scotland would have had Episcopacy abjured as simply unlawful but those of England would not condemn that Order which had merited so much Glory in the whole Christian Church therefore the second Article was so conceived that it might import only an Abolition of the present Model of England and it was so declared both in the Assembly of Divines and in the Two Houses of Parliament when they swore it The Scots either perceived not this Change or were
Lesly's Discourse and Instructions but I do not so well understand your Letter of the 23th of this Month as not agreeing fully with what Robin hath said and shewn to Me wherefore I have the more reason to desire you to hasten your Coming up In a word every minute that you stay 't is so much the worse for the Affairs of Your most real constant Friend CHARLES R. Hampton-Court 29th August 1647. For Particulars I refer you to Robin The King was then so filled with Hopes from Assurances given Him by the Army The King is abused by the Army that He was out of doubt of getting things carried by Treaty and therefore continued to press Lanerick's Coming up The Earl of Lauderdale wrote also to Scotland that some Person of Eminence might be sent to concur with him in the great Transactions that were coming on whereupon the Lord Chancellour and Lanerick were appointed to go up upon which a Pass was signed by Fairfax for the Earls of Lowdon and Lanerick according to the desire sent from Scotland to come and wait upon the King But their Coming up was delayed the occasion whereof is given in the following Letter written by my Lord Lanerick to the King which though I set down in the due Stile yet both it and almost all the Letters written this Year being in Cypher run in the third person but for making the Narration smoother I have presumed to change their phrase a little Sir THe difference betwixt Robin's Relation and my Letter of the 23th of August last I shall easily reconcile The Reasons that stopt Lanerick 's Journey for some time when I shall have the happiness to see Your Majesty for I can hardly speak truth and sense without running a hazard of making my self useless and uncapable of speaking at all Those of the Chancellor's Friends who were against his being employed at this time take occasion to press a Delay to his and my present Going to London or Court from the Two Houses their not yet answering a Letter the Committee here wrote to them for Reparation of the Affront done to the Earl of Lauderdale and for Assurances to all Commissioners employed from this Kingdom so until a satisfactory Answer be returned to that Letter it is alledged that their Going will be useless since except they be allowed by the Two Houses access to Your Majesty may still be denied them and so their Endeavours to serve You frustrated This is the rather urged by reason of many informalities in the Pass sent them by Sir Thomas Fairfax by which they were only warranted to come to Your Majesty at Hampton-Court and if You chance not to be there it doth not warrant them to wait upon Your Majesty in any other place especially since it bears not at all a liberty for them to go to London where their Endeavours probably would be of the 〈…〉 use If the Earl of Lauderdale had not been affronted they would not have desired any Assurance at all but that being unrepaired for they are not at all satisfied with Sir Thomas Fairfax his Answer to the Two Houses Letter in that particular if they shall have occasion to move any thing in Your Majesties Favours which shall be disliked by the Parliament or Army they may chance to meet with the same or worse Vsage that Lauderdale did I was not so scrupulous but willingly would have hazarded through these or any Difficulties being required as I am by Your Majesty to haste thither but the Chancellor's Stay would have made my single Going I being only employed to Your Majesty useless yet if it shall be thought fit and I again commanded to it want of Formalities or Passes will not fright me from my Duty In the mean time Instructions are this day sent to our Commissioners at London to delay their concurrence in sending the Propositions of Peace to Your Majesty till the Chancellour's Coming for the Committee resolved to adhere to their former Instructions in pressing Your Majesties Coming to London with Honour Freedom and Safety for confirming so far as You have already granted by Your Message of the 12th of May last and there to Treat upon the rest of the Propositions Thus begging Pardon for this tedious account I expect Your Majesties further Commands which shall immediately be obeyed by Your Majesties most humble most faithful and most obedient Subject and Servant LANERICK Edinburgh 4th September 1647. His Majesties Answer follows Lanerick The Kings Answer to Lanerick YOu had reason not to come up without the Chancellour but I do not understand why you did both stay for is this a time for Scotland to vie punctilio's of Honour with England and thereby neglect even almost to loss the Opportunity of redeeming that Fault which they committed at Newcastle certainly you are not yet in the right way But seriously I write not this for you but to you that others by you might learn more wit In a word Time is not altogether lost redeem it for shame and be not startled at My Answer which I gave yesterday to the Two Houses for if you truly understand it I have put you in a right way where before you were wrong remember the Proverb Ill bairns are best heard at home I say no more but make what haste you can with your Colleague to Your most assured râ—al constant Friend CHARLES R. In the mean while a Message was sent from Scotland to the Parliament of England for such a full Pass as was demanded Lowdon and Lanerick with difficulty are permitted to wait on the King which drew on a great Debate for Haslerig Martin and others of that Cabal argued much against it saying why should Lanerick be sent up who was a known Incendiary and the Latham Letter mentioned in the account of the Year 1643 with many other Particulars were remembred Next they excepted against it that by the Pass that was demanded it appeared they were to go first to the King as if they had been to Treat without the Parliament of England But old Sir Henry Vane took them up sharply for remembring things which were long ago buried yet the Heat was so great that it was referred to a Committee to consider of it but in end it was granted All this while the Earl of Lauderdale went not near Westminster because he got not Reparation for the Affront put on him by the Army but was extremely vâ—xed to see the King possessed with such a good opinion of the Army and used all the ways he could think of to undeceive Him In the beginning of October the Earls of Lowdon and Lanerick came to London The Scotish Commissioners wait on the King and with them the Earl of Lauderdale went to wait on the King who was then at Hampton-Court and after they had learned from Him the State in which His Affairs were and had expressed the Sense and Affection of His Subjects in Scotland who judged all their happiness
to depend upon His Settlement on his Throne they fell upon their Treaty with the Parliament But the Army was beginning to take off their Mask and change their Stile for having now seated themselves in the Power they begun to contrive how to execute what they had always designed which was the Ruin of the King and the Subversion of Monarchy And a new Party among them called the Levellers did avowedly own Principles contrary to all Order and Government so that there was great ground to apprehend Danger to the Kings Person My Lords of Lowdon Lauderdale and Lanerick represented to the King that if He would give satisfaction in the point of Religion he was Master of Scotland on what terms as to other things He would demand but without that they feared their Design of serving Him should meet with great Opposition yet they resolved once to rescue Him out of the hands of the Army or to perish in the Attempt and offered to rescue Him from the Army A little after this His Majesty being to hunt at Nonsuch the Earls of Lauderdale and Lanerick came thither on pretence of waiting on His Majesty accompanied with 50 Horse which struck no small terrour in the little Guard that was about the King whereupon these Lords told His Majesty that they were come to rescue Him from His Captivity and they with all these they brought with them were resolved to die at His feet wherefore they intreated Him to make His Escape But the King told them He had engaged His Honour not to leave the Army without giving them Advertisement and till He freed Himself of that He would die rather than break His Faith But the Leading men of the Army were now weary of the Kings being with them and wished to have Him in some secure Place under a good Guard whereupon they made reports be brought to Him that the Levellers were designing against His Life The King therefore called again the Earls of Lauderdale and Lanerick to Him some days before His Escape and told them He had freed Himself of the Engagement He had given not to leave the Army The King advises with Lauderdale and Lanerick what to do He therefore desired their Advice what to do The Earl of Lauderdale said things being driven to such extremities it was not safe to give Advice but would His Majesty suggest any thing he would with all candour deliver his Opinion about it The King first spoke of His Going to Scotland the Earl of Lauderdale said that except He resolved to comply with their Desires about Religion He might expect no better Usage from the Church-party there than He had met with at Newcastle Next the King moved His Going to London the Earl of Lauderdale answered that formerly that had been a safe Course but now the City was so over-awed by the Army that he durst not advise His trusting His Person to them for the Tumults there were already great and would undoubtedly grow upon His coming The King asked if He came was He sure of the Scotish Commissioners that they would stick to Him in Name of the Scotish Nation the Earl of Lauderdale answered that all of them to a man should wait on Him and own His Service at all hazards but without Instructions from Scotland they could do nothing as Commissioners but only in their own Names as His Subjects and they had great reason to fear the Church-party in Scotland would not own Him nor order them to do it Next the King spoke of His going to Berwick whereupon the Earl of Lanerick who till then had stood silent begged of His Majesty that for Gods sake he would follow that Motion for if He left England the Army would pretend He was deserting His Kingdom and so depose Him but Berwick was a strong Place which at that time lay ungarrisoned the Country about it was generally well-affected and so He might easily get a good Garrison to go in with Him and by that means he was near Scotland for the encouragement of those who resolved to serve Him This was also backed by Lauderdale and the King seemed fully resolved on it so they left Him of this the Author had his Information from the Earl of Lauderdale A few days after this His Majesty went to the Isle of Wight The King goes to the Isle of Wight and on the 16th of November sent a Message to the Parliament which is Printed with the rest of the Messages declaring the reason of His Going to that Place and inviting them to a Treaty As for Religion he insisted on His Judgment about Episcopacy as a Government settled by the Apostles but was content it should be limited so that the â—ishops should act nothing in Ecclesiastical matters without their Presbyters whereby they should be no burden to Tender Consciences and that they should be obliged to reside and labour and preach in their Diocesses Besides He continued His Offer for the Settlement of Presbytery for Three Years till things were freely debated and considered adding a Liberty to all Tender Consciences except Popish Recusants As for the Militia He offered to yield it up to the Parliament during His whole Reign and in other Particulars insisted on His former Concessions and some days after that he wrote what follows to my Lord Lanerick Lanerick AS My coming hither will be variously scanned so I believe that My Message to the Two Houses will have divers Interpretations for neither of which I mean to make any Apology and wrâ—tes from thence to Lanerick for honest Actions at last will best interpret themselves only I must observe to you that what I have sent to London the end of it is to procure a Personal Treaty for which if I have striven to please all Interests with all possible equality without wronging My Conscience I hope no reasonable man will blame Me. Nor am I so unreasonable as to imagine that this My Message can totally content My Own Party but for the end of it a Personal Treaty I hope that all the reasonable men on all sides will concur with Me as I expect your Scotish Commissioners should do though I know you must dislike many Passages in it And yet I must tell you that in substance it differs very little from My Message of the 22th of May. This I thought necessary to write to you that you might assure your fellow-Commissioners that change of Place hath not altered My Mind from what it was when you last saw Me. So I rest Your most assured constant Friend CHARLES R. Carisbrook 19th November 1647. POSTSCRIPT This is a safe Messenger wherefore you or any other of My Friends may write to Me by him desiring much to hear from you To this Letter the three Commissioners from Scotland wrote joyntly this Answer May it please Your Majesty The Scotish Commissioners write to the King YOur Message left behind You at Hampton-Court gave great hopes that Your Majesty was
of the Scotish Affairs better than the Rabble did so they did more apprehend the Danger of it And first great pains were taken to reconcile the Presbyterian and Independent Parties at least to unite them against the Scots wherefore they Voted that the Government should be by King Lords and Commons yet the Independents opposed this so that it was carried but by 45 Voices They also appointed that the Propositions offered at Newcastle should be the Grounds of settling the Kingdom and they Voted that it should be lawful notwithstanding the Vote of Non-Addresses to make new Applications to His Majesty Their Design in this was visible for they hoped the Scots could not pass from these Propositions and they were assured the King would never consent to them particularly to that of Religion which was so dear to Scotland But Cromwel was not at all pleased with these Votes and as little with the City and if the Stirs over England had not given him other Employment he would have made a Journey to London with his Army for the Purging the House a-new They in Scotland were much straitned with want of Ammunition and Mony therefore they sent Sir William Bellandin to Holland to see what could be had from the Prince of Orange they likewise wise sent Sir William Fleeming to Paris to the Queen and Prince with the following Letters May it please Your Majesty ALL verbal Assurances would justly appear too low and mean testimonies of our Fidelity Letters to the Queen and Prince from the Duke and his Friends since Actions are now the only touch-stones of Loyalty which we hope e're long shall be better than what we can in this Common way speak of our real Affections to His Majesties Service We have presumed from the Encouragements we have received from Your Majesty to hope the Prince his Highness will countenance our Endeavours for his Father's Rescue with his presence amongst us which would certainly give an extraordinary vigour and life to all our Motions For that end we have instructed this worthy Bearer with our humble desires therein to Your Majesty and to his Highness and with such other Particulars as are necessary for enabling us to carry on the Work to whom we beg Your Majesty would be pleased to give Trust and further to believe that nothing was ever more absolutely fixed than are our Resolutions either to perish or eminently to shew our selves Your Majesties most humble most faithful and most obedient Subjects and Servants Hamilton Lauderdale Crawford Lanerick Roxburgh Calender May 1st 1648. May it please Your Highness THe deep sense we have of His Majesties sad Condition invites us to these Actions of Duty and Loyalty to which we are by so many Relations and Tyes bound and obliged and having divers Encouragements from His Majesty and from the Queen to hope for your Highness's Presence amongst us in countenancing our faithful Endeavours for His Majesties Rescue we have presumed humbly to address our selves to your Highness that from your Self we might know your own Inclinations that accordingly such publick Assurances and Invitations may come from hence as your Highness shall think fit to require being confident that before we can receive your Highness's Directions herein we shall be in some condition to evidence our Loyalties otherwise than by Words So until we give a more real testimony thereof we shall only beg to be esteemed of by your Highness as Persons that have vowed themselves to this Service and who are faithfully Your Highness's most humble most faithful and most obedient Servants Hamilton Lauderdale Crawford Lanerick Roxburgh Calender May 1st 1648. Next they modelled the Army which will better appear by the following Letters written to the King SIR YOu now find the effects of what my last of the 28th of April promised we are now engaged and Sir Marmaduke Langdale's successful Attempt upon Berwick and Carlisle will be resolutely seconded by Your Servants here Letters to His Majesty To morrow Sir William Fleeming and Mr. Murray part for France the last acknowledges the baseness of his new Friend Argyle We hope the Prince will now countenance with his Presence our Endeavours for Your Majesties Rescue since the Duke of York is escaped for he will give an extraordinary life and vigour to all our Motions The Kirk hath this day declared against our Declaration and Engagement but all it hath procured is a Vote of thirty thousand Foot and near six thousand Horse which is this day remitted to the Consideration of the several Bodies and I hope will pass the House to morrow 2d May. 1648. SInce my last we are far advanced in our Designs of serving Your Majesty our new Army is modelled which I hope will be more considerable than any Army that ever went out of Scotland the Old General hath laid down his Charge and the Duke of Hamilton is to Command in chief who joys to meet with so happy an occasion to vindicate his Loyalty He will be found active in his Trust and seconded by the most gallant and eminent persons of the Kingdom his Election was carried very unanimously in Parliament Argyle and only six with him dissenting Calender with the same Vnanimity and the same Opposition is chosen Lieutenant-General and David Lesley Lieutenant-General of the Horse but he hath not as yet accepted of his Charge Middleton is appointed Major-General of the Horse who is most eminent for his Loyalty and forward in this Service Our Armie will be on foot about the end of the Moneth and that the Raising of men may the more actively be gone about we have adjourned the Parliament till the first of June We have sent Commissioners with Instructions and Money to invite our Army in Ireland to come and joyn with us in this Service Our Opposition from Argyle and the Ministers is still as great as they can make we are undone for want of Arms and a little Money if we be not supplied from France or Holland this glorious and most hopeful Vndertaking that ever this Nation had may be in hazard to miscarry Sir William Fleeming and Mr. Murray went ten days ago for France and this day we have dispatched Sir William Bellandin to Holland We are much dejected because we have not heard from Your Majesty since the 17th of March which makes us fear You involve us in the Guilt of the by-past deadness and slowness of their Motions here but we take God to witness we are as free thereof as we shall be faithful to the Vows we have made of perishing or of serving Your Majesty in such a loyal and dutiful way as hath been professed by Your Majesties c. 17th May. The Differences that were among the Lords were adjusted The Levies are much retarded by the Ministers and most of the Officers were also well named yet the Levies went on dully though many of the Lords were so cordial that they who had allowance from the Publick but for 80 Horse
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
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
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
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
negarunt But I go on from this sad subject to the tragical Conclusion of the Duke's Life The News of that Murder sunk the Duke's thoughts into a deep Sorrow which he carried with him to his Grave he well saw his own Danger knowing that those who had broken all the bonds of Loyalty and Duty were not to tie themselves to the faith of a Capitulation or Articles though granted by a person impowered by them and therefore he designed an Escape from Windsor that night which was contrived by his faithful Servant Mr. Cole afterwards one of the Kings Quirries who during his imprisonment had liberty to go and return from London which he did very frequently bringing him an account of what passed And the Duke having gained his Keeper ordered Mr. Cole to send a trusty Servant with two Horses to Windsor which accordingly he did advertising the Duke not to come to the City till seven a Clock in the Morning and then Mr. Cole was to come to him near London and bring him to some secure House in the City whereupon at night about the time of shutting the Gates The Duke makes an Escape from Windsor the Duke made his Escape freely out of the Castle without suspicion and came to the Place appointed where his Servant and Horses waited for him But he fatally went from the Resolutions he had laid down with Mr. Cole and would needs go in the night to Southwark thinking to have got to Mr. Owen's House who was acquainted with the business not considering what had been told him of the Guards were about the City all the night so that there was no coming to it but in the day and all things concurring to hasten him to his Grave there was that night a Party of Horse and Foot in Southwark searching for Sir Lewis Dyves and another who had escaped the night before but is re-taken in Southwark Some of them meeting the Duke in the Streets about four in the morning where he had long knocked at a door took him and examined him he told them a very formal Story of himself and his business which at first satisfied them but they observed that as he took a pipe of Tobacco by them he burned several great Papers to fire it whereupon they searched him and found such Papers about him as discovered him It was not before the next morning that he was missed at Windsor for that night he made his Escape there came an Order from Cromwel to the Governour of Windsor to make him close Prisoner and put all his Servants from him who thereupon ordered the Captain of the Guard to go about it but he hearing the Duke was a-bed delayed it till next morning and then found he was gone It being discovered that Mr. Cole had ordered the Duk 's Escape many advised him to go out of the way but he resolved rather to die than to leave his Master at such a time and made a shift to come at him that same evening When the Duke saw him he lifted up his hands and said It was Gods will it should be thus That night Mr. Cole was also taken and Sir Hardress Waller examined him but drew nothing from him whereupon he was made close Prisoner yet when the Duke was brought to his Trial he procured his Liberty for the Averment of some particulars of his Plea The Duke being thus unfortunately retaken he was committed to Prison at St. Iames's and is kept in St. Iames's in the same Room where the Earl of Norwich the Lord Capel and Sir Iohn Owen were Prisoners and then all saw in what danger his Life was whereupon great endeavours were used and strong applications made in Scotland to the Marquis of Argyle who had then the chief Powâ—r there that the Committee of Estates would so far study his Preservation as to own that what he did was by the Authority of that Kingdom that so whatever other Punishment they would lay on him his Life might not go for it And it had been faithfully promised by all the Leaders of that Party at the Pacification at Sterlin either to save his Life or to make his Death a National Quarrel But the Marquis of Argyle would not interpose These who had the power in Scotland refuse to move for him and though the Dukes Daughter the present Dutchess of Hamilton left no means unessayed to prevail on him yet all was in vain for he pretended that since those in England had murdered their King notwithstanding their Commissioners protesting against it it was not to be expected their interposition in other things could be of any weight nor was it fit they should any more address to the Murderers of their Soveraign So all hopes of any Mediation that way failed and not only that but Lambert being prevailed on by the offer of a good Sum to claim the Duke as his Prisoner some Letters came from Scotland about it upon which Lambert was advised not to insist on that Demand This was vouched to the Writer from several hands who had it both from Lambert himself and some other considerable men in the Two Houses But now his Majesties Blood not having satisfied the Cruelty of the New Usurpers their next design was against those who had served him faithfully and therefore the Duke was brought to his Tryal and honoured to be the first of those who followed his Master in that Glorious Martyrdom The Usurpers ordained the pretended Court of Justice to proceed against him so in the 6th of February he was brought to a Tryal It will not be hard to perswade the Reader without further inquiry that those who embrued their hands in the Blood of their Soveraign thereby breaking loose from all Ties Sacred and Humane could not stand much at the effusion of meaner Blood no their Consciences were feared with their former Crime so that nothing could be so wicked but they were stout enough for attempting it yet they chose to varnish over their perfidious Cruelty with some Colours and Appearances of Justice but the Disguise was so thin that it served them to no other purpose but to add hypocrisie to their former Villany which will evidently appear from the following Tryal drawn partly from the Journal of the Court and partly from Notes of what passed taken by some Eye-witnesses Steel and Cook the Counsel for the People of England did exhibit on the 6th of February being Friday the following Charge That the Earl of Cambridge about the 19th of July last Traiterously invaded this Nation in a Hostile manner The Charge given against him and levied War to assist the King against the Kingdom and People of England and had committed Sundry Murders Outrages Rapines Wastes and Spoiles upon the said People and particularly about the 20th of August near Preston did make War joyn Battle and fight against the Forces of the Parliament and therein did murder and kill Collonel Thornley and others To this the
being a necessity of searching divers Records for Precedents which required a competent time as had been allowed in former cases but the Court refused to promise it only they said they would take it into their consideration The Counsel insisted and said plainly they declined the Imployment on those terms and would be forced to declare it Monday the 26th the other two Officers that had signed the Capitulation for the Duke and his Troops The ninth Appearance who had been sent for a great way off were examined who agreed with the former Witnesses in matters of Fact and also with Lilburn that by signing the Articles they only meant the Duke should be preserved from the Violence of the Souldiers and not from the Justice of the Parliament Then the Counsel began to Plead and all four spoke on the several Heads of the Plea Mr. Heron spoke cursorily and elegantly but not very materially Mr. Parsons a young man spoke boldly and to good purpose Mr. Chute the Civilian spoke learnedly and home and Mr. Hales since the much-renowned Lord Chief Justice of the Kings Bench elaborately and at length The Heads of their Arguments follow The Duke's Counsel at Law plead for him The Duke being as was granted a born Scotch-man his Tie of obligation and subjection to that Kingdom was indispensable and indissoluble so that his late Imployment could not be refused when laid on him by the Authority of that Kingdom no more than a Native of England living in it can disobey the Commands of this Parliament whereas any Subjection the Duke owed the Parliament of England was only acquired and dispensable That since no man can be a Subject of two Kingdoms whatever Tye lay on him to the Kingdom of England it was not to be put in Competition with what he owed Scotland it being a Maxim in Law that Major relatio trahit ad se minorem and that Ius Originis nemo mutare potest That there was an Allegeance due to the King and another to the Kingdom and no Treason could be without a Breach of Faith and Allegeance due to them against whom it was committed for these Kingdoms were two distinct Kingdoms and though the Allegeance due to the King was the same in both Kingdoms yet that due to the Kingdoms was distinct nor was the Actual administration of the Kingdoms in the Kings Person when the Duke got his Imployment therefore as his Allegeance to the Kingdom of Scotland was ancienter and stronger than any Tie that lay on him in England so what he did by their Order might well make him an Enemy to this Kingdom but could not infer Treason Yet all this of the Allegeance due to the Kingdom was founded on no Common or Statute Law as Mr. Hales himself confessed afterwards but he urged this well against those who asserted it it being the universally received Maxim at that time That whether he was a Post-natus or Ante-natus did not appear but though he were it did not vary the Case nor his obligation to the place of his Nativity and so though he were Post-natus or accounted a Denizen by his Fathers Naturalization his Offence could not be Treason but Hostility at most and by that supposed Hostility he could only lose his Priviledge of a Denizen but could not be made a Traitor there being no Precedent where ever any man was attainted of Treason for a hostile Invasion and it was questionable if this Offence could amount to that nor could any case be alledged where one born in another Independent Kingdome acting by a Commission from that Kingdom and residing there when he received his Commission and raising the Body of his Army in that Kingdom and coming into this in an Open Hostile manner was ever judged guilty of Treason Naturalization was intended to be a Benefit and not a Snare so that one might well lose it but was not to be punished for it And so when France and England were under one Soveraign divers of both Nations were naturalized in the other yet when Hostility broke out betwixt them many so naturalized fought on the side of their Native Kingdom for which none were put to death though divers were taken Prisoners And in Edward the third's time though he claimed France as his by Right yet when the Constable of France invaded England and was taken Prisoner he was not tried nor put to death but sent back to France as being a Native of that Kingdom And when David Bruce King of Scotland invaded this Kingdom and was taken Prisoner great endeavours were used to find a Legal ground for his Trial he being Earl of Huntington in England but this Plea was waved for it was found that it could not be done justly that being but a less degree of Honour though King Edward claimed a kind of Homage from the Crown of Scotland That if the Duke were on that account put to death it might prove of sad consequence in case there was War any more betwixt the Kingdoms since most of the present Generation were Post-nati and all would be so quickly and yet if the Lord Fairfax who was both a Post-natus and had his Honour in Scotland were commanded to lead an Army thither and being taken were put to death it would be thought hard measure For the Duke's Father's Naturalization it was true by the Statute of the 25 Ed. 3. provision was made that Children born without the Kingdom whose Parents were then in the King's Allegeance should be Denizens but the Duke was born before his Father's Naturalization which can never reach him none but the Issue after his Father's Naturalization being included within it and the word Haeres in the Act is only a word of Limitation and not of Creation nor did his making use of the assistance of some English Forces make him a Traytor It is true if an Englishman conduct a Foreign Army or if a Foreigner come of his own head or in a Rebellious way to assist an English Rebellion it will amount to Treason for the Act of such an Alien is denominated from the crime of those he assist here where he owed a local Obedience which was the Case of Shirley the Frenchman and of Lopez but if an Alien come with a Foreign Force though he make use of English Auxiliaries that only infers a Hostility but no Treason and was the case of the Lord Harris a Scotchman 15 Eliz. and of Perkin Warbeck both having English help and though Warbeck was put to death it was by no Civil Judicatory but only by the Will of Henry the 7th who erected a Court-Marshall for that purpose The present case was yet clearer where the Alien had Authority from his Native Kingdom and was commanded by them to make use of English help so that though Langdale's assisting the Duke did make himself a Traytor yet the Duke's accepting of it only infers an Act of Hostility And whereas it was objected that the Parliament had already by