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A30389 The memoires of the lives and actions of James and William, Dukes of Hamilton and Castleherald, &c. in which an account is given of the rise and progress of the civil wars of Scotland, with other great transactions both in England and Germany, from the year 1625, to the year 1652 : together with many letters, instructions, and other papers, written by King Charles the I : never before published : all drawn out of, or copied from the originals / by Gilbert Burnet ; in seven books. Burnet, Gilbert, 1643-1715.; Charles I, King of England, 1600-1649. Selections. 1677. 1677 (1677) Wing B5832; ESTC R15331 511,397 467

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bounty he ever met with fo● His Majesty embraced him with such tender affection that he had been a monster of ingratitude if he had been ever capable of forgetting it and indeed the Marquis used to say that never were his resentments for any usage he afterwards met with so great but the remembrance of that night stifled them quite and it must be confessed to be a passage without example in History since the days of the conquering King of Macedon But the Marquis was not able to lie under such terrible imputations wherefore he pressed that Ochiltree might be put to it to prove what he had alledged but all he offered against Ramsay was onely a presumption which Ramsay denied and Reay affirmed so that they were both put under Bail and nothing appeared that did touch the Marquis for though Ramsay had been as guilty as the Lord Reay called him that left no imputation on him since none can be made answerable for those they imploy unless it appear that they followed the Instructions given them So the Marquis was dispatched to Germany Lord Ochiltree had charged the Marquis with Treason Ochiltree tried and sentenced for his Forgeries and failing so totally in his probation was sent down to Scotland to be tried where he had a legal and free Trial for his false Charge before the Justice-general and such As●essors as were appointed to sit with him by the Privy Councel and had the Marquis repaid him in his own coin he could not have escaped capital punishment but he was satisfied with his own Justification and such a Censure put on the Calumniator as might deter others from the like attempts wherefore he was condemned to perpetual Imprisonment in Blackness Castle to perpetual Imprisonment and he continued there for twenty years But that all this matter may be ended at once ten years after this when His Majesty was in Scotland in the year 1641 the Marquis was prevailed on by the addresses Ochiltree made to him to procure his liberty from the King which he was to have done but at that time one Captain Stewart who had married his daughter was amongst these who discovered the alledged Plot commonly called the Incident whereof an account shall be given in its due place and this bound up the Marquis from interposing for Ochiltree's liberty lest it should have been supposed that he had done it as a kindness to his Son-in-law for that discovery which might have raised some Jealousies As for the Lord Reay and Mr. Ramsay Reay and Ramsay desired a Combat they continued the one positively affirming the other as confidently denying what was alledged but in the whole progress of the Trial the King expressed that concernment in the Marquis that he seemed earnest even to have Ramsay vindicated Ramsay carried himself very fiercely in the pursuit at length both of them desired to be judged by the Martial Court and that they might be permitted a Combat Ramsay was the more eager in that but though Reay did not decline it yet he was not so forward as the other It seems needless to give a relation of the particular procedure of this Affair though another to swell up his Volume with impertinent Stories Sandersons Life of King Charles hath at length set down the Journal of the proceedings of the Martial Court with no other design but to heap the more envy on the Marquis which he usually doth with as much ignorance as malice All the account to be added shall be in the words of one against whom there can be no exception I shall therefore set down His Majesties Letter to the Marquis upon the conclusion of this matter which is taken from the Original James His Majesties Letter about that Affair SInce you went I have not written to you of Mackay's business because I neither desire to prophesie nor write half news but now seeing by the grace of God what shall be the end of it I have thought fit to be the first advertiser of it to you I doubt not but you have heard that after long seeking of proofs for clearing the business as much as could be and formalities which could not be eschewed the Combat was awarded day set weapons appointed but having seen and considered all that can be said ●n either side as likewise the Carriage of both the men upon mature deliberation I have resolved not to suffer them to fight because first for Mackay he hath failed so much in his circumstantial probations especially c●ncerning Muschamp upon whom he built as a chief witness that no body now is any way satisfied with his accusations then for David Ramsay though we cannot condemn him for that that is not yet he hath so much and so often offended by his violent tongue that we can no ways think him innocent though not that way guilty whereof he is accused wherefore I have commanded the Court shall be dismissed and Combat discharged with a Declaration to this purpose that though upon want of good proof the Combat was necessarily awarded yet upon the whole matter I am fully satisfied that there was no such Treason as Mackay had fancied and for David Ramsay though we must clear him of that Treason in particular yet not so far in the general but that he might give occasion enough by his tongue of great accusation if it had been rightly placed as by his foolish presumptuous carriage did appear This is the substance and so short that it is rather a direction how to believe others than a Narration it self one of my chief ends being that you may so know David Ramsay that you may not have to doe with such a Pest as he is suspecting he may seek to insinuate himself to you upon this occasion wherefore I must desire you as you love me to have nothing to doe with him To conclude now I dare say that you shall have no dishonour in this business and for my self I am not ashamed that herein I have shewed my self to be Your faithful Friend and loving Cousin CHARLES R. London May 8. 1632. But to return to our Story the King of Sweden appointed General Lesley afterwards Earl of Levin to wait on the Marquis at his landing which he desired might be at Breme The Marquis sets sail and intends for Breme and appointed his Agent to deal with the Archbishop of Breme about it who was well satisfied promising him all assistance he was also put in hope of the Auxiliary Forces to be in readiness to meet him there but seeing no other appearances besides words and promises he did not think it safe to land his little Army in a Country so distant from the Swedish Camp when the Enemy lay betwixt them so that he might easily have been cut off before they could joyn therefore he resolved to sail through the Sound but sails through th● Sound and land in Pomerania where none lay betwixt him and the King of Sweden On
at the very same time and in the greatest heat of all the business did profess and give assurance both by word and under their hands that Hamilton was the greatest Favourer that ever their good Cause had notwithstanding of all that the formality of the time obliged him to profess to the contrary And not only in Scotland where it was generally known to be so but even some of the Scotish Commissioners did profess to some of this Kingdom that Hamilton had done things which they did not approve but yet that he had been much more Friend than Enemy to the Courses of the Country and had done much more good than evil yea Argyle himself upon a private dispute falling into heat delivered that he and those others did nothing but by Hamilton's Directions Knowledg or private Approbation As also whilst he was in the same Expedition being frequently invited by all His Majesties good Subjects then in the Northern parts of Scotland he most treacherously be●rayed them and abandoned the business as particularly can be instanced by the Marquis of Huntly who being appointed to receive His Majesties Orders from time to time by Hamilton whilst he did endeavour at the beginning at Turreff and other places vigorously to suppress that Party was straitly inhibited to engage but by the contrary by peremptory Orders wille● to suffer the Malignant Party to be the first beginners by which Restraint the Business was totally ruined as is notoriously known After which the Viscount of Aboyn being cloathed by His Majesty with Commissions and to have had some experimented Officers along in that Imployment the said Duke of Hamilton did break off that probable Course and engaged such of his own Election and Trust who did so evidently miscarry the Business as thereafter they were to be accused by the whole Noblemen and Gentry of that Party Like-as he having got Orders about the same time from the King to send Sir Nicholas Byron's Regiment to assist the King's Party in the North who could easily have reduced all that Country to His Majesties Obedience notwithstanding thereof and of their frequent Sollicitations to have it done he still shifted the Business and would never give way to it pretending that he had some other Design in hand for them though all they had to do was to Die below decks and be thrown over-board into the Sea And how often he might have put Forces great enough to Land and how frequently he was invited to it the whole Kingdom can bear witness Answer To the fourth Article the Defendant says The Answer to the fourth Article it is most false that he betrayed His Majesties Trust or Service when he commanded the Fleet and that he is ready to justifie every step of his Actings there by His Majesties Instructions and Letters which he received every third or fourth day when h ehad that Imployment nor is he answerable for what others might have said of him His Majesty knows well that he did not desire that Imployment for himself See p. 114. but conscious of his own unfitness entreated to be excused from it this His Majesty not allowing he undertook the Service and His Majesty likewise knows what Informations and Advices he sent him and that he gave punctual and ready Obedience to all the Orders he received Nor was his Service there useless for besides the great Diversion it made by the huge Bodies were left to guard the Coast he took divers Ships particularly some coming from Germany with many Officers who were returning home to offer their Service to the Covenanters and his Carriage was so far from making him gracious to that Party that none was more odious to them which appeared in the Curses and Reproaches were cast on him as he passed through the streets of Edinburgh to possess the Earl of Forth of the Castle See p. 144. a little after the Pacification nor had it been possible for him to have escaped at that time more sensible Affronts if he had not taken some Leading men of the Covenanters along with him When the Defendant was in the Frith See p. 124. he sent His Majesties Proclamation to those then in Arms and used all means possible to engage them to a Compliance with it nor had he any Conferences with them in secret when he was aboard See p. 133. but had always some Witnesses by when any were sent from the Covenanters to him and did immediately give His Majesty an account of all that passed for proof whereof he desires his Letters to His Majesty be examined See p. 131 133. Neither had the Defendant any Orders to land his Men till His Majesty was come to Berwick but had express Orders to the contrary and it was thought that his lying in the Frith did more amuse the Enemy than his Landing could have prejudiced them since they being uncertain where he might land great Bodies were kept upon the whole Coast which if he had landed had gathered together against him and had been too strong for him being about four times his number Nor did the Defendant make any Appointments on the Sands of Barnbougal as is most falsly alledged nor did he ever set his foot on Land except on the Isles of Inchcoln and Inchkeith all the while he lay in the Frith It is true he was once very near the Sands of Barnbougal but on a very different design he chasing a Bark that run her self aground there was likewise stuck fast and had almost been taken Prisoner divers Volleys passing betwixt his men and those on the Land but his Boat-men with much ado got him off See p. 138. Nor had the Defendant any Orders to proceed to Hostilities till two of his Regiments were called to the Camp nor could he safely land the other that remained consisting only of 1700 men It is true upon His Majesties Orders he was resolved to do the Enemy all the mischief he could but about thirty hours after he got these Orders in which time he was considering where he was first to make an Impression and did go out himself to have fired some Ships but by a mischance was run on a Shelve so that he lost that Tide they were countermanded by new Orders for His Majesty having resolved to Treat with the Enemy See p. 139. commanded him to go on to no more Hostilities but to come and wait on His Sacred Person so that the Defendant having in all things followed His Majesties Orders in that Service was well approved of by His Majesty Nor can any thing be charged on him from what the Leaders of the contrary Party might have said or written of him either then or since which might have been done on design either to encourage their own Party or out of hatred to the Defendant that thereby they might possess His Majesty with jealousies of him Nor was the Defendant ever invited by His Majesties good Subjects to come North except by one
the negative Answer to them That this was about five in the Morning and that Wayte and he went apart of the way towards the place of Treaty where he heard the Articles were concluded Lilburn was next examined who deposed That the Articles were signed by himself and the other Treaties about five in the morning and were to be ratified by the Duke and Lambert and that his own meaning of Preserving the Dukes Life he knew not how the rest meant was only to preserve him from the violence of the Souldiers and not from the Justice of the Parliament At this Peters rose up expressing great dislike of Lilburn's Gloss saying that much tenderness was to be used where the Life of so eminent a person was concerned That he had seen many Articles of War but had never heard of such ambiguity and that it was clear by those Articles the Duke held his Life secured as well from the Parliament as the Souldiers and wished to God that if their Commissioners had meant otherwise it had been so expressed in the Articles it being most necessary that Articles were in a concernment of Life The President answered You say well for the future but it is now too late His Grace resumed what had been said and spoke much on the Articles for weakening Lilburn's Gloss. The Duke is falsly accused by the Governour of Windsor-Castle Next the Governour and Marshall of Windsor were examined about his Escape from Windsor-Castle the Governour deposed that the Duke said to him he needed not fear his Escape he would be a true Prisoner and not go away though the Gates were opened The Marshall said he only heard this from the Governour The Duke expressed a deep r●sentment of this Injury done him by the Governour who wounded his Honour so much which he valued above all earthly things and did shew how unlike it was that any such thing was either demanded or granted since that is only done for a little more Liberty whereas he was all the while kept under strict Guards nor had he the liberty of walking in the Park but was always guarded by two Keepers the one lying all night in the Room next him and the other every night locking the Door and carrying the Key with him That the Governours Testimony in this matter was not to be received he being a Party and now in hazard for his negligence for he was told that if he escaped he should die for it adding that if he were not a Prisoner he would desire right of the Governour for that Scandal cast on him and choose no other place for it but Westminster-Hall But to all this the Governour made no Reply only the President said that though he could not blame the Earl of Cambridge for what he said yet for all that the Governour was not to be discredited The Duke pleads for himself from the Articles granted him After this the Duke spake a little to all the three Branches of his Plea reserving the fuller enlarging upon them to his Counsel He insisted most on the Articles which he doubted not were sufficient to protect him he desired them to consider how Sacred Articles of War were reputed in all Places and among all Nations and how inviolably they were kept all Princes and States being most careful to observe them not only to Strangers but to Subjects having great regard to Articles though only for Quarter much more when there was a Capitulation for Life adding the following Instances Elisha the Prophet would not suffer the King of Israel to kill the Syrian Captains saying Wouldst thou smite those whom thou hast taken Captive with thy Sword and thy Bow The Blood of Abner lay on Ioab's head who killed one that had the Kings Safe-conduct The Gibeonites also though they used Ioshua deceitfully yet were preserved according to the Articles given them and not only Saul's House but the whole Land suffered for the violation of them That Prince Robert and the Lord Cottington though excepted from Life or Pardon by Act of Parliament were notwithstanding that upon the Articles of the Rendition of Oxford permitted to go beyond Sea and never questioned for Life and the like Justice was done the Earl of Bristol and the Lord Paulet upon the Articles of the Surrender of Exeter though both were excepted from Pardon and that the Lord Fairfax and the Officers of the Army were most careful to see Articles always kept in which they judged thei● Honour deeply concerned and had often written to the Parliament to that end therefore he did not doubt the like Justice would be done him By this time it was late and the President appointed Monday next for the Duke to finish his Plea in matter of Fact ordering his Counsel to be in the Court for their better Information and so they adjourned Monday the 19th the Duke and his Counsel were brought to the Bar. The sixth Appearance Collonel Wayte was examined who deposed that the Duke rendred himself to be the Lord Gray's Prisoner and desired Wayte to protect him from the Multitude who thereupon left a Guard at his going away But during his Deposition Peters said he lies he lies and Peters Spencer and other Officers who were with Wayte at Vtoxater being examined did totally falsifie his Deposition Divers were also that day examined about the place of the Duke's Birth who all swore they heard it always said that he was born at Hamilton and that it was not a thing to be doubted of others were examined about the Signing of the Articles who all Witnessed that they were signed long before the Lord Gray came and Major Blackmore deponed that the Duke's being the Lord Gray's Prisoner was by an Agreement betwixt him and Lambert whose occasions pressed him to go suddenly North-ward After this the Duke spake a little to shew how little weight was to be laid on Wayt's Testimony which was so evidently disproved Next his Counsel asked the Courts Directions how they should proceed and the Court answered that after the matter of Fact was handled they might plead in Law upon all the parts of the Plea and they told the Duke by the next Wednesday to finish his Evidence He desired a Warrant for bringing some Gentlemen then Prisoners in White-hall who were his material Witnesses but the Court adjourned and promised to consider of that Motion in the Painted Chamber yet they granted it not Wednesday the 21st the Court sate The seventh Appearance and the Duke was brought to the Bar. Some were interrogated about the time of his Birth to prove him post-natus but it was not proved one person only swearing that he heard him say he was some years younger than the King Evidence was also brought of his Conjunction with Langdale which they accounted Treason yet even that was not clearly proved though it was much laboured Some Letters of his to Langdale had been taken and were brought into Court but as the Letters proved