Instructions and of full and ample Power from His Majesty He having fully signified His Pleasure to those whom He did entrust with the executing thereof not thinking it fit to imploy other Servants of greater Eminence by reason of the disorders and iniquities of the Times and as forced by the importance of his other great and weighty Affairs He was necessitated to prorogue the Parliament for some few days so did He most really intend to perform at the time prefixed whatsoever He had promised by the Act of Pacification But neither can the neglect of His Servants if any be nor those other Reasons alledged by the foresaid Noblemen Barons and Burgesses in their Declaration for their Sitting satisfie His Majesty for their proceeding in a Parliamentary way since by the Duty and Allegeance of Subjects they are bound to acknowledge in a most special manner His Transcendent Power in Parliaments and if Subjects there do assume the Power of Making Laws and of Rescinding those already made what Act can be done more derogatory to that Regal Power and Authority we are all sworn to maintain Therefore His Majesty conceives they cannot in reason expect He can interpose His Royal Authority to these or any other Acts whatsoever whereto neither He in His own Royal Person nor by His Commissioner did assist Yet such is His Majesties Clemency that when they shall take such an Humble and Dutiful way as may witness that they are as careful and tender of His Majesties Royal Power as they are desirous of His Approbation then shall it be time for them to expect such a Gracious and Iust Answer as may testifie His Majesties Fatherly Compassion of that His Native Kingdom and his Pious and Princely care of performing whatsoever is necessary for establishing their Religion and Laws So thus having imparted unto you all that was enjoyned me by His Majesty I shall say no more from my self but I am Your Lordships humble Servant LANERICK Whitehall 27th of June 1640. My Lord Lowdon found matters at so great a height that he was able to do little more than give intelligence that he delivered the Letter to the Lords at Edinburgh who returned to it the following Answer My Lord The Reply of the Committee WE received your Lordships Letter of the 27th of June from the Lord Lowdon whose relief out of Prison gives us occasion before we answer your Lordships Letter to acknowledge the same as an act of His Majesties Royal Iustice and Goodness although the pretended cause of his Imprisonment was but a malicious Calumny of the Enemies of the Kings Honour and our Peace forged to engage both His Majesties Kingdoms in a National War As we cannot but regrate that any neglect of His Majesties Officers or absence of His Commissioner whose presence we did both desire and expect should hinder the interposing of His Royal Authority to these Acts of Parliament which were found most necessary for establishing Religion and the Peace of this Kingdom and which according to the Acts of Pacification His Majesty was graciously pleased to promise so we have and shall still endeavour to give demonstration of that tender Respect we have of His Majesties Honour and Royal Power And whereas your Lordships Letter doth imply that we should take some other way for the more easie obtaining His Majesties Approbation which also by several reasons hath been most instantly pressed by the Lord Lowdon yet we conceive that Parliamentary way which was taken by the Estates convened by His Majesties Special Warrant to have been most Legal and necessary and no ways derogatory to His Majesties Power in Parliament nor contrary to the Duty of good Subjects who are warranted by the Articles of Pacification under His Majesties Hand to determine all Civil questions ratifie the Conclusions of the Assembly and remove the present Distractions of this Kingdom as is more abundantly demonstrated by their Declaration in Parliament thereabout So that we dare not take any other Course which may entrench upon their Parliamentary Power or Proceedings nor will we being so few in number appointed by them to stay here presume of our selves in a matter of so great moment to return a more full and particular Answer till there be a more frequent Meeting of those appointed by Parliament which will be shortly and then your Lordship shall be acquainted that you may shew His Majesty their Resolutions and humble Desires and we shall remain Your Lordships affectionate Friends and Servants Signed Lindsay Balmerino Burghly Napier J. Murray G. Dundas Ja. Sword J. Forbes Ed. Eggar Edinburgh 7th of July 1640. They went on with their Preparations The Preparations are great in Scotland and caused all to bring in the tenth Peny of their Rents to make this War look like a Sacred one since carried on by the Tithes and ordered their Forces to be drawn together Mean while the King went on at as good a pace as he could and went from London in the end of Iuly to make his Rendezvous at York The Earl of Strafford staid some time behind partly for Sickness partly to see what Money could be borrowed from London and at this time there were great and high Misunderstandings between him and Sir Henry Vane both making their Complaints to the Marquis by their Letters Strafford was also to bring an Army out of Ireland upon the West of Scotland whereupon they in Scotland drew their Forces together in the end of August and resolved to march into England and make that the Seat of the War pretending as by their Declaration then emitted doth appear that their Trade was block't up by English Ships that in England and Ireland Scotishmen were proceeded against for taking the Covenant and the English Council had voted a War with them wherefore they said they were constrained to go into England with their Petitions declaring they came not to invade England but to avert the Invasion of their Country that was designed adding that they should be so far from doing prejudice to any in England that severe Justice should be executed upon those who took any thing in England without payment And about this time Ruthwen being for many months block't up in the Castle of Edinburgh so that Victuals and Ammunition were spent his Water also failed and most of his Souldiers died was forced to Capitulate and render up the Castle of the Covenanters But not to stand too long on matters universally known as soon as they entred England The Scotish Army enters England the King by Proclamation declared them Traytors on the 22th of August yet they went on and when they came to the Ford of Tine at Newburn some miles above Newcastle they found it guarded by a Body of Foot who had raised a Brest-work near the River and lay there to obstruct their passage Yet no sooner did the Scottish Cannon begin to play but they struck with Fear threw down their Arms and run away whereupon the General
Letters from all Hands both from Ministers and Noblemen Many of these Letters with the Copies of his Answers are yet extant and run in a strain very far from any thing of Friendship or Correspondence indeed they look liker Challenges than Letters of Civility The Covenanters desired a Safe Conduct for such as they should send to him to treat with him but he answered he was the Kings Commissioner and so would give no Conduct for any of his Subjects coming to wait upon him And after a days Advisement they sent the Lord Lindsay the Marquis his Brother-in-law aboard with a Petition of the former strain who told the Marquis that they would lay down their Lives sooner than pass from what they had done that their Army consisted of 25000 Men they knew the Kings Cavalry was better than theirs but their Infantry exceeded his far After some Discourse had passed all before Witnesses the Marquis dismissed him In the mean while all Trade was stopt and every Vessel that belonged to Scotland was seized onely such as took an Oath for adhering to the King against the present Rebellion in Scotland were let go according to His Majesties Orders One Vessel was taken which was of more Importance having in her about twenty Officers who were coming home from Germany upon Lesley's Invitation All these the Marquis sent to Berwick He sent also a free Advice to the King informing him of all he knew of their Strength and that besides the Army which was marching to the Borders there were about 20000 Men lying on both sides of the Frith so that his being there made a powerful Diversion He besought His Majesty not to hazard on a Battel the success whereof was always dubious but more than commonly so in this case where the one side was desperate and the other but half cordial He told His Majesty how much he feared his Foot might be too weak wherefore he desired His Majesty to consider if he would call for two of His Regiments since all the three were not sufficient for him to land with them and march into the Country and one was enough to burn the Coast which was all he could doe and for that he was resolved not to fail in it as soon as he had Orders adding that in a Fortnight he would doe all that could be done that way after which he thought it would be fittest that he went Northward and landed His Regiments there which must be supplied another way if His Majesty called for any of them where some good might be done But as for Treating he desired His Majesty would imploy others in it if that were to be done for he confessed his Spirit was so irritated against them that he desired neither to see nor meddle with them onely he told His Majesty that the Covenanters had addressed both their Letters and Petitions to some English Lords which he thought they should have brought to His Majesty unopened and given no other Answers but such as His Majesty ordered On the 26th of May he received the following Letter from His Majesty Hamilton RVmours come here so thick of the great Forces that the Rebels mean very shortly to bring down upon me that I thought it necessary to advertise you that you may be ready at the first Advertisement to land at the Holy-Island wind and weather serving yet not to come from where you are untill I send you word except you shall find it necessary by your own intelligence and so I rest Your assured constant Friend CHARLES R. Newcastle 22 May 1639. POSTSCRIPT I leave it to your Consideration if it be not fit to leave some 300 Men in Inchcolm though it should be fit that you should come away with the rest of the Landmen And the day following Sir Henry Vane wrote to him to send two of his Regiments to Holy-Island The King calls for two Regiments from the Marquis to which Letter the King added with his own Pen I have seen and approved this C. R. Upon this Order the two Regiments commanded by Morton and Harecoat were accordingly dispatched away immediately and did land at Berwick on the 29th of May. About this time the Covenanters sent a new Message to the Marquis the account whereof shall be given from a Paper written by Sir Henry Devick who was particularly trusted by His Majesty at this time and was a Witness to the Conference The Paper follows THE whole Discourse so far as I can remember of it may be reduced to these Heads A Conference betwixt some Covenanters and the Marquis Their Invitation of your Excellence to go in person to His Majesty to present their Desires and to mediate for an Accommodation To this your Excellence answered First that having full Power from His Majesty to treat and conclude of all things concerning that Business you held it unnecessary to go to him Secondly your Excellence thought it unfit you having so great a Charge here which required your presence and they having propounded nothing that could give sufficient occasion to such a Voyage to undertake it Thirdly that if the distance from His Majesty were thought by them to be a hindrance to the Treaty they might address themselves to His Majesty by such of the Nobility as were about him who was not distant above threescore and twelve miles from the Leaguer They replied that things would be more facilitated by your Excellence's being there wishing that as you had a part in the beginning of these Affairs you might have the Honour to put an end to them Your Excellence returned that the Lords Traquair and Roxburgh who were now with His Majesty were imployed in them before you which they acknowledged but wished it had never been confessing that they were spoiled before you had the managing of them Concerning a Cessation of Acts of Hostility both by Sea and upon the Frontiers where they complained of divers Insolencies committed by the Horse-troops of His Majesty your Excellence answered That in what concerned the first you â—ad committed none since your coming hither true it was you had stayed and taken many Barques and Boats but some of them you had dismissed without touching any thing that they had in them and these from whom you did take to supply your uses you had paid them for it that this day you had sent to Burnt-Island and would doe so to other Places to offer them full permission of Trade provided they would swear not to carry Arms against His Majesty and take the Oath of Fidelity and for the Fishermen you required no Oath As for the otâ—er namely some pretended Insolences upon the Frontiers you knâ—w of none and believed not any and if tâ—ere was any it was their fault by their deferring to return to their Obedience to His Majesty and when they made Instance in some particulars your Excellence did cut them short and said That it was an unfit thing and nothing conducible to make an end of Business
have heard nothing of but We are easily induced to believe that what you wrote of his undutiful Carriage is true and that you will easily make it appear to which We will give no unwilling Ear. Thus you have your last Letter answered with what for the present and on such a sudden hath come into Our thoughts and so We bid you Farewell Whitehall Octob. 1. 1639. The Parliament sate at Edinburgh the day appointed The Parliament sits in Scotland but their Actings can onely be overly related they being too remote from the Marquis his Story so that onely such Generals are to be hinted as occur among his Papers They consented that for that time Traquair as Commissioner should name those Lords of the Articles that were for the Nobility who should have been named by the Bishops but protested it should be no Precedent for the future And they went roundly to take away the Lords of the Articles totally and were framing all their Acts at the rate of the Assembly But Traquair finding he could not hold pace with them and keep close to his Instructions to the Letter of which he resolved to adhere and is quickly prorogued did on the 30th of October prorogue the Parliament to the 14th of November next The Covenanters though they resolved not to sit till the day to which it was prorogued yet protested against the Legality of any Prorogation without consent of Parliament and sent up the Earls of Dumfermline and Lowdon with the Acts of the Assembly to the King desiring he would order his Commissioner to give way to their Ratification in Parliament as also to purge themselves of any Misrepresentations the King might have received of their Actions They came to London on the 8th of November but His Majesty resolved not to see them since they came from Scotland without His Commissioners Warrant wherefore they were commanded presently to return home They sent a Letter to the Marquis for he would not see them desiring him to interpose for procuring them a Hearing and that they might not be condemned unheard whose Answer was That the Order which the King had sent them was upon mature Deliberation and that nothing remained for them but Obedience so they returned And the King ordered Traquair to prorogue the Parliament Proroguing and Adjourning are all one in Scotland to the second of Iune next and to come up and give an account of Affairs which accordingly he did but got a cold Reception the King being highly displeased with his Subscription of the Covenant as was before marked But he complained that he could have no Assistance from them to obtain any thing if he had not done that and that it was impossible to prevail with these People Traquair incites the King to a new War except by Force or by a total Compliance The Bishops failed not to take advantage at this trip of his to pursue him with much eagerness and he to recover himself was the more earnest to press the King to a new Invasion assuring him that Ruthwen was so strong in the Castle of Edinburgh that he would teach them their Duty and was very formidable to them He also furnished the King with a great many Grounds for justifying his following Procedure against them a chief one being a Letter he had got which the Covenanters had written to the French King desiring his Protection and Assistance which was High Treason by the Law of Scotland as being a Treaty with a Foreign Prince without the Kings Permission And upon these Grounds it was that the Earl of Traquair was afterwards pursued as the Grand Incendiary The Marquis saw there was too much Ground for His Majesties Resentments either to contradict or condemn them but that which grieved him was that he saw not a way how His Majesty should be able to defray the Expence of a War without calling a Parliament in England which was no less formidable to the Court than the Covenanters in Scotland they foreseeing what followed At this time the Covenanters sent up their Petition to His Majesty by one Cunningham desiring permission to send some of their Number for their own Vindication which His Majesty granting the Earls of Lowdon and Dumfermline were again sent up But Lowdon being accused of that Letter to the French King The Earl of Lowdon committed to the Tower was committed to the Tower Yet he vindicated himself first that the Letter was not finished and had neither Date nor Direction since that which was on the back of it Au Roy was added afterwards and by another Hand next that it was written before the Pacification and so was buried by the Oblivion that it was never sent and that it was designed onely that the French King should interpose and mediate for them Upon all this he offered himself to a strict Trial by his Peers in Scotland but added that he being sent by the States of Scotland and come upon His Majesties Warrant was first to be returned a Freeman thither and thereafter to be accused and tried This Accident troubled the Marquis extremely for he knew it would raise Clamours against His Majesties Justice among those who were inclined to misconstrue his Actions and indeed it was highly resented by the Scotish Lords as a violation of the Law of Nations to meddle with any publick Messenger but the King judged no Consideration could warrant his Subjects to commit Treason nor secure them from Trial and Censure when found Guilty There were some ill Instruments about the King who advised him to proceed capitally against Lowdon which is believed went very far but the Marquis opposed this vigorously assuring the King that if that were done Scotland was for ever lost They would then have somewhat to pretend against so much as Petitioning and Treating besides it was against the Laws of Scotland to proceed against a Scotish Peer for a Crime committed in Scotland but by the Peers of Scotland And after all this he assured His Majesty that he knew few of the Covenanters who might be more able to serve the Kings Interest and could be more easily gained than Lowdon And the truth was that Letter was signed by six of the Covenanting Lords but being put in the hands of the Lord Mirtland to sign it as he told the Writer he found it was False French and so it was laid aside for that time and never again taken into consideration but one taking up the Letter brought it to Traquair His Majesty being of himself both Just and Good did reject those cruel Counsels as hurtful to his Service yet Lowdon continued prisoner for some months his Enlargement shall be mentioned in its proper place But how to proceed in the publick Affairs was a hard Chapter A new War with Scotland Which way the Counsels were taken this Winter doth not appear to the Writer but from the Effects Only the Marquis was full of apprehensions foreseeing that it would be impossible
so bless Vs here in England as to protect Vs from the Malice of Our Enemies Religion and the now-established Government of Our Native Kingdom would be in danger We laying aside all Consideration of Our Own particular resolve on Our part to endeavour by all possible means to prevent all colour or ground of Division betwixt Vs and Our good Subjects of Scotland and therefore do permit you to Meet Consult and Conclude upon the best and readiest ways of Supplying the present wants of Our Scotish Army in Ireland and providing for their future Entertainment there until some solid Course be taken for recovering of the Arrears due to them and for their constant Pay in time coming according to the Conditions agreed upon in the Treatâ— as also to advise upon the best way of Relieving the Publick Burdens of that Our Kingdom of Scotland by pressing by all fair and lawful means a speedy Payment of the Remainder of the Brotherly Assistance due from England as likewise to prevent the Practices of such as study to entertain in this Our Kingdom groundless Iealousies and Fears of Innovation of Religion or Government the Preservation whereof according to Our many Solemn Protestations shall ever be most Sacred to Vs providing always that in doing these things nothing be done which may tend to the Raising of Arms or Recalling Our Scotish Army or any part thereof from Ireland but by Order from Vs and Our Two Houses of Parliament according to the Treaty agreed upon to that effect and We do require you to limit your Consultations and Conclusions to the foresaid Particulars And as by this and many other Our former Acts of Grace and Favour to that Our Native Kingdom it clearly appears how desirous We are of preserving their Affections and preventing all occasions of Mistakes betwixt Vs and them so We do expect that your Proceedings at this time will be such as may shew your tender Care of Vs and Our Greatness which by so many Oaths and Obligations you are tied to preserve Given at Our Court at Oxford the 10th of Iune 1643. Mean-while the Duke and his Brother advertised both their Majesties of the great apprehensions they had of Mischief from Scotland and besought His Majesty The Duke studies to keep Scotland from agreeing wâ—â—h the Two Houses that so long as they were idle in Scotland he should be busie in England for his good Success there was that which would engage most to appear for him here and they with those trusted with them made the Lord Chancellour understand the hazard he was in if the Annuities were discharged and accordingly filled up one of the Blanks with a Proclamation discharging them to all who had Signed the Petition against them which yet remains but without a Date and Signeting The Lord Chancellour was very sensible of the ruine of his Fortune which would follow from the Publishing of that which certainly would be popular as being an ease of the Subjects and therefore promised to them to use his utmost Endeavours to put all the stops he could in the Agreement with England wherefore with joint consent they resolved to proceed no further in that Affair for that time and accordingly the Lord Chancellour was very instrumental though covertly in getting things kept off so long for had not much Art been used the Church-party were inclined immediately upon the opening of the Convention to have engaged in the Quarrel for the Two Houses The 22th of Iune came and the Convention sate down The Convention sits which is a Court made up of all the Members of Parliament but as they are called and sit without the state or formalities used in Parliaments so their Power is to raise Money or Forces but they cannot make or repeal Laws The Duke and his Friends as they answered to their names declared they were present upon the notice they had of the Kings Warranting of the Convention After that Lanerick delivered the Kings Letter of the 10th of Iune and it being read drew on a great Debate which lasted four days whether the Convention was free or not and if bound up to the limits of the Kings Letter or not The grounds of the Debate were on the one side it was certain that by the Law of Scotland no Assembly of that nature could be called but on the Kings Writ and therefore there was a Nullity in the beginning of it but that now the King ex post facto allowing them as a Meeting of His Subjects to consider of some Particulars they could pretend to no Authority but what that Letter gave them therefore they had not the Authority of a Convention of Estates but were only a Meeting of so many Subjects to consult of some Affairs On the other side it was said that the Convention was summoned by a Writ under the Great Seal which was all that the Subjects were to look for they not being concerned to look into the Kings secret Orders or private Pleasure so this was a sufficient Authority for their Sitting and for the Kings Letter though it seemed he was not well-pleased with his Council for it yet it did not annull the former Writ nor indeed could it and it was essential to all Meetings of that nature to be free and not limited in their Consultations for if the King calls a Parliament or Convention their Freedom cannot be restrained to such Particulars as the King would limit them to otherwise the Grievances of the Nation should never be considered therefore they concluded it either must be no Convention at all or if it was one it must be left at liberty to treat of all the Affairs of the Nation The Duke and his Brother were the great Arguers on the one side and when they saw how it was like to go they resolved to Protest and leave them But the Kings Advocate told them that if the Convention were Voted a free Convention then to Protest against it was Treason but they might declare their Judgments and thereupon take Instruments which was equivalent to a Protestation and more Legal and they judging this punctilio of the word Protest of no Importance resolved to follow his Advice So on the 26th of Iune it being put to the Vote a Free Convention or not the Duke voted it no Convention but as regulated by the Kings Letter so did eighteen Lords and but one Knight all the rest voting it a Free Convention Whereupon the Duke rose up and declared he could no more own that for a Free Convention nor acknowledge any of their Acts or Orders further than as they kept within the bounds of the Kings Letter My Lord Argyle asked did he by that Protest against the Convention my Lord Lanerick answered they meant not to Protest but declare and take Instruments both in the Kings Name and their own which accordingly they did and so removed Only Lanerick required them to record the Kings Letter which was refused next he craved an
of Bohemia recommended the care of her Affairs to him The Queen of Bohemia recommends the care of her Affairs to the Marquis as the person being her nearest kinsman and best known to her in whom of all that were about her Brother she confided most and as during the King her Fathers life she had employed none so much as his Father so she did entail that trust upon the Son and indeed in all her Letters to him hundreds of which remain she continued such expressions of genuine and â—rank kindness as shew she never thought she had misplaced her trust At this time the King of Sweden being provoked with a desire of glory The King of Sweden invites the King to his assistance and led on by the aspirings of a great and generous mind resolved to adventure on that which had been fatal to all who had attempted it and to oppose the Emperours designs declaring his resolutions were to deliver Germany from the yoke of Tyranny which was beginning to be twisted about their Necks but fearing his own strength was not able to compass so great a design much of his confidence was grounded on the assistance he expected from the King Therefore as by his own Ambassadour the Lord Spence he solicited his aid so he employed the King of Bohemia to interpose with his Majesty for his assistance in the prosecution of that great Affair who pressed it with much earnestness by his Agent Curtius representing that now or never was the time that it should appear to the World what effects he might look for from his Alliance and the King was resolved in good earnest to advance that design but judged it not fit for himself to own it in his own name at first for some reasons of State a chief one being that his Ambassadour in Germany Sir Robert Anstrother was entertained at that time with some hopes of the restauration of the Palatinat though that was judged to be without any other intentions but to cajole the King and so keep him from concurring in the Swedish designs His Majesty finding it not convenient to appear in it himself resolved it should pass for the voluntary assistance of his Subjects to which he should only give way and made choice of the Marquis for the person in whom he had the greatest confidence of his zealous pursuing his designs upon the Palatinat who appoints the Marquis to enter in Treaty with that King Whether this motion came originally from the King or not I do not see or if it was the desire of the King or Queen of Bohemia which seems more probable for the Swedish Ambassadour did first move it and pressed it with much earnestness others suggest that it came from some of the Marquis his enemies who envying and suspecting his rising greatness and seeing no possibility of lessening his interest in the Kings affection that was daily growing judged this honourable Proposition would once set him a good way from the Court There was too much of honour in this Proposition to be rejected by the Marquis and his age being at that time pronest to a thirst of glory he could not but be hearty in the undertaking though the ruine of all who had hitherto imbarked in that Design gave but small encouragement to any who should engage in it yet the great renown of the Swedish King together with the fears into which all the Princes of Germany were now driven which rendred them almost desperate made the Attempt look more promising than formerly but the Marquis his duty to his Master and his affection to all his interests chiefly those of his only Sister made him with alacrity accept that Employment One thing was certain that which way soever the first Proposition of this was made it came not from himself for if the King had known or suspected it to have flow'd from him it would have appeared afterwards when the Calumnies to be related were under examination or when the Marquis was a prisoner but no such thing ever dropt from his Majesty In the end of the year 1629. the Marquis according to the Kings Orders sent Colonel Hamilton The Marquis sends Col. Hamilton to treat brother to the Earl of Hadington to the King of Sweden with a general offer of his service and his resolution to come in person with a considerable force to joyn with him in his noble enterprize for the Liberty of Germany This had a very kind reception from the King of Sweden for at that time the valour of the Scots was so great and that Kings value of them so high that he welcomed the Proposition with a sincere heartiness and as he wrote a very kind Answer to the Marquis which with many others of his Letters is yet preserved so he sent him a Commission to be General of what Army he should raise for his assistance Upon this the Marquis sent one David Ramsay a Gentleman of the Privy Chamber and after him David Ramsay to agree the Conditions upon which he should embark in the Swedish design This Ramsay was one in whom he had no interest at all neither can any account be given what he was save that there is a Letter from the King of Bohemia in my hands wherein he recommends him to the King as one who had served him faithfully in Germany he therefore as being acquainted with the German language and affairs and zealous for the King of Bohemia's service was made choice of for this Negotiation but for the Marquis to have made this man who could be no longer known to him than since he came last to Court a Confident in so great and desperate a resolution as was afterwards fastned on this Employment it had the same likelyhood which was in the rest of the Calumnies wherewith his Innocency was attacqued An. 1627. Colonel Hamilton The Articles of the Treaty yet extant in Latine who had stayed with the King of Sweden and Mr. Ramsay agreed with that King on the following Conditions which I set down faithfully translated from the Original which is in Latine WE Gustavus Adolphus by the Grace of God King of the Swedes Articles signed by the King of Sweden Goths and Vandals Great Prince of Finland Duke of Esthone and Carel and Lord of Ingria c. To all and sundry whom it concerns make it known and certain That whereas the Illustrious and Our sincerely beloved Lord James Marquis of Hamilton Master of the Horse to the most Serene King of Great Britain out of his zeal for the publick good and for acquiring eternal fame hath resolved to dedicate himself and the fortunes and forces of all he is concerned in for restoring Our oppressed Friends in Germany and for that end hath offered to Vs by the Illustrious and Our sincerely faithful Colonel Alexander Hamilton his fidelity and service and that he will on his own expence gather a strength of six thousand men and bring them over
contrary to but would prove a ready mean to preserve the true Religion already received and beat down all Superstition Withall the King considering the disorderly Conventions had been to form Petitions against these Books though they deserved a high Censure yet His Majesty willing to impute that rather to a preposterous Zeal than to any Disloyalty therefore dispensed with them to all such as should thence forth retire and return to their Obedience whereupon these Conventions were in all time coming discharged under pain of Treason The Tumults grow This was proclaimed at Sterlin the nineteenth of February but was so far from giving satisfaction that it proved a crisis to greater Confusion for it met with a Protestation as it was proclaimed sent from those of the Tables who notwithstanding continued to sit in that Iunto An Answer also came from the Duke of Lennox and the other Lords at Court directed only to three of the Lords of the Covenant in Scotland the Earls of Rothes Cassils and Montrose wherein they wrote that they had communicated their desires to His Majesty who answered that as hitherto he had received all the Petitions they had offered to the Council so he had considered them and would declare His Royal Intentions about them The Combustions continuing and growing the Council appointed a solemn Meeting to be the first of March at Sterlin for a full examining of things that they might send their joint Advices to Court This was likewise agreed to by the Lord Chancellour who was then at Edinburgh and undertook for himself and the rest of the Clergy that were of the Council to keep that Appointment The first of March came but none of the Clergy kept the day the Lord Bishop of Brechin only excepted an excuse came from the Lord Chancellour but the necessity of Affairs pressed the Lords of the Council to go on they continued four days consulting and debating about things but after the third day Bishop Brechin left them seeing in what Determinations they were likely to close The issue of their Consulting was to send Sir Iohn Hamilton the Justice-Clerk to the King with Instructions which follow as they are taken from the Original yet extant INSTRUCTIONS from His MAJESTIES Council to the Lord Iustice-Clerk whom they have ordained to go to Court for His MAJESTIES service Instructions to the Justice-Clerk concerning the rise and remedies of these Disorders IN the first place you are to receive from the Clerk of the Council all the Acts past since our meeting upon the first of March instant Item You have to represent to his Majesty That the Dyet of Council was appointed to be solemnly kept by the advice of the Lord Chancellour and remnant Lords of the Clergy being at Edinburgh for the time who assured us that they should keep the Dyet precisely but at our meeting at Sterlin we received a Letter of excuse from the Lord Chancellour which forced us to proceed without his Lordships presence or any others of the Lords of the Clergy except the Bishop of Brechin who attended us three days but removed before the closing of our Opinions anent the business Item That immediately after we had resolved to direct you with a Letter of Trust to His Majesty we did send our Letter to the Lord Chancellour acquainting him with our proceedings and desiring him to consider thereof and if he approved the same to sign them and to cause tâ—e remnant Lords of the Clergy nearest unto him and namely the Bishop of Brechin who was an ear and eye Witness to our Consultations to sign the same and by their Letter to His Majesty to signifie their approbation thereof or if his Lordship did find some other way more convenient for His Majesties Honour and the Peace of the Country that his Lordship by his Letter to the Lord Treasurer or Privie-Seal would acquaint them therewith to the effect they might convene the Council for consulting thereabout Item That you shew His Majesty that His Majesties Council all in one voice finds that the causes of the general Combustions in the Country are the Fears apprehended of Innovation of Religion and Discipline of the Kirk established by the Laws of the Kingdom by occasion of the Service-Book Book of Canons and High-Commission and from the Introduction thereof contrary to or without warrant of the Laws of the Kingdom Item You are to represent to His Majesty our humble opinion That seeing as we conceive the Service-Book Book of Canons and High-Commission as it is set down are the occasion of this Combustion and that the Subjects offer themselves upon peril of their Lives and Fortunes to clear that the said Service-Book and others foresaid contain divers Points contrary to the Religion presently professed and Laws of the Kingdom in matter and manner of Introduction That the Lords think it expedient that it be represented to His Majesties gracious Consideration if His Majesty may be pleased to declare as an act of his singular Iustice that he will take trial of His Subjects Grievances and the reasons thereof in His own time and in His own way according to the Laws of this Kingdom and that His Majesty may be pleased gâ—aciously to declare that in the mean time he will not press nor urge His Subjects therewith notwithstanding any Act or Warrant made in the contrary And in case His Majesty shall be graciously pleased to approve of our humble opinions you are thereafter to represent to His Majesties gracious and wise Consideration if it shall not be fitting to consult His Majesties Council or some such of them as He shall be pleased to call to Himself or allow to be sent from the Table both about the time and way of doing of it And if His Majesty as God forbid shall dislike of what we have conceived most conducing to His Majesties Service and Peace of the Kingdom you are to urge by all the arguments you can that His Majesty do not determine upon any other course until some at least of His Council from this be heard to give the reasons of their Opinions and in this case you are likewise to represent to His Majesties Consideration if it shall not be fitting and necessary to call for His Informers together with some of His Council that in His Own presence he may hear the Reasons of both Informations fully debated You shall likewise show His Majesty that His Council having taken to their Consideration what further was to be done for composing and settling of the present Combustion within the Kingdom and dissipating of the Convocations and Gatherings within the same seeing Proclamations are already made and published discharging all such Convocations and unlawful Meetings the Lords after debating find they can do no further than is already done herein until His Majesties pleasure be returned to this our humble Remonstrance Signed Traquair Roxburgh Winton Perth Wigton Kinghorn Lauderdale Southesk Angus Lorn Down Elphinston Napier J. Hay Tho. Hope
Ja. Carmichael W. Elpinston These Instructions being afterwards transmitted to the Lords of the Clergy were returned signed as follows St. Andrews Da. Edin Io. Dumblanen Tho. Gallovid Wal. Brechinen This was seconded by a private Letter to the King signed by Traquair and Roxburgh which follows copied from the Original Most Sacred Soveraign A Letter from Traquair and Roxburgh to the King ALthough the miserable Estate of this poor Kingdom will be sufficiently understood by Your Majesty from this Gentleman Sir John Hamilton's Relation yet we conceive our selves in a special manner bound and obliged to represent what we conceive does so nearly concern Your Majesties Honour and Service and therefore give us leave truly and faithfully to tell Your Majesty that since the last Proclamation the fear of Innovation of Religion is so apprehended by all sorts of Subjects from all corners of this Kingdom that there is nothing to be seen here but a general Combustion and all men strengthening themselves by subscribing of Bonds and by all other means for resisting of that which they seem so much to fear This is come to such a height and daily like to encrease more and more that we see not a probability of Force or Power within this Kingdom to repress this Fury except Your Majesty may be graciously pleased by some Act of Your Own to secure them of that which they seem so much to apprehend by the inbringing of the Books of Common-Prayer and Canons The way which the Subjects have taken and daily go about in the prosecution of their business is inexcusable and no ways agreeable to the duty of good Subjects but Your Majesty is wisely to consider what is the best and safest course for Your Own Honour and Peace of Your Government and since Religion is pretended to be the cause of all if it shall not be a safe course to free them at this time of Fears by which means the wiser sort will be satisfied and so Your Majesty enabled with less pain or trouble to overtake the Insolencies of any who shall be found to have kicked against Authority We are the rather moved at this time to be of this opinion that having found it the opinion not only of those to whom Your Majesty wrote in particular except of the Marquis of Huntley who as yet is not come from the North but of most of the Noblemen and men of respect within this Kingdom we find few or none well-satisfied with this business or to whom we dare advise Your Majesty to trust in the prosecution thereof and if any havâ— or shall inform Your Majesty to the contrary give us leave humbly to intreat Your Majesty to be pleased to call them before Your Self that in our presence You may hear the reasons of both Informations fully debated So praying God to grant Your Majesty many happy days and full contentment in all Your Royal designs we humbly take our leave and rest Your Majesties humble Servants and faithful Subjects Traquair Roxburgh Sterlin March 5. 1638. There was also besides many private Letters recommending this business a publick Letter written by the Council to the Marquis which follows taken from the Original Our very Honourable good Lord WE finding the Subjects Fears and Stirs to encrease since the last Proclamation did appoint by the Lord Chancellour A Letter from the Council to the Marquiâ— and other Lords of the Clergy their Special Advice a solemn Dyet of Council to be kept at Sterlin on the first of March where the Lord Chancellour and other Lords of the Clergie promised to be present to consult upon the growth of the publick Evils and Remedies thereof for His Majesties Honour and Peace of this Country but having met at Sterlin we received a Letter of excuse from the Lord Chancellour and were forced to proceed without him and the other Lords of the Clergy where after we had spent four days in advising upon the said Evils and Remedies of them we resolved in end to direct Sir John Hamilton of Orbiston one of our number with a Letter of Truâ—t from us to His Majesty to whom we have imparted our Opinions and Reasons of the said publick Ills and Remedies of the same to be represented to His Sacred Majesty and because the business is so weighty and important that in our opinion the Peace of the Country was never in so great hazard we have thought fit to recommend the business to your Lordships consideration that after your Lordship has heard the Iustice-Clerk therein your Lordship according to your great interest in His Majesties Honour and Peace of the Kingdom may concur by your best advice and assistance at His Majesties hands to bring these great and fearful Ills to a happy event So committing your Lordship to the Grace of God we rest Your Lordships very good Friends Traquair Roxburgh Winton Perth Wigton Kinghorn Lauderdale Southesk Angus Lorn Down Elphinston Napier J. Hay Tho. Hope J. Carmichael W. Elphinston Sterlin March 5. 1638. The Covenanters also wrote again to the Scotish Lords at Court desiring Liberty to send up one to represent their Grievances for they doubted the Council did not use them well and one of them wrote very peremptorily to the Marquis That they were resolved rather to hazard the whole Business than change a word of their Petitions and that they would quit their Lives if they got not granted to them what they desired The King resolves to send the Marquis Commissioner to Scotland The Justice-Clerk being thus instructed came to London where after he had discharged himself of his Trust His Majesty partly doubting his Council partly hoping the Authority of a Commissioner might qualifie the Peoples fury not a little resolved to chuse one and about this he made no long Deliberation but presently set his thoughts on sending the Marquis to Scotland for that Service and it was the opinion of all that a fitter choice could not have been made both because of his Quality and Kindred as also that he was at this time free of all Jealousies for his course heretofore had been more like a Courtier than a Statesman so that he was untouched with the susâ—icions of what had been hitherto done his Advice having scarce ever been called for so he was fitter to treat with that Party but chiefly his temper was so obliging and insinuative that none alive was more able to gain people to Reaâ—on and to manage their Spirits than he was It is alledged that some moved the imploying my Lord Huntley for this Service but no vestige of such a motion appears and if it was made it could not take with the King who at that time knew not Huntley well and since the King designed to try all could be effectuated by Treaty there was not a person so unfit for it as the Marquis of Huntley for his Family being always odious to that Party and himself all his life suspected of Popery he had been a very
be expressed that will not be yielded to The settling thereof according to My Declaration will answer this 14. If it be pressed that what is now concluded concerning the High Commission be ratified in the next Parliament what Answer shall be given If I may be sure that a Parliament will doe it I shall be content 15. If they Petition for a Convention what Answer shall be given No Petition must be admitted till the Bond be broken if after you may grant it leaving the time to Me. 16. If they petition for a General Assembly that it may be once in the year what Answer shall be given I will not be tied but as I shall find cause 17. If they petition that the Ministers Oath may be no other than that which the Act of Parliament doth order them to take what Answer shall be given I and the Bishops will consider of it 18. If they petition that the Five Articles of Perth may be held as indifferent what Answer shall be given I will hear of no Petition against an Act of Parliament 19. If the Town of Edinburgh may not be dealt with apart to petition for Your Majesties Favour and if they desire that the Council Exchequer and Session may be returned them what Answer shall be given Upon their full submission and renouncing of the Bond they may have their desires 20. If the like course may not be taken with some other principal Burghs As before 21. If to gain some leading men from the Party marks of Your Majesties Favour may not be hoped for To some I to some No. 22. If particular men desire either Acts of Council or Pardons under the Great Seal what shall be done Grant their desires 23. What Service shall be used in the Chappel Royal The English 24. If the Lords of Council and Session shall at that time be pressed to receive Kneeling This is no time for a Communion but when there is they must kneel 25. If thought fit what shall be be done to them that refuse Advise of it 26. If all Acts of Council that have injoyned the use of the Service-Book Book of Canons are not to be suspended and declared of no force in time coming Yes 27. How far Your Majesty will warrant me to declare Your Pleasure to the Lords of the Clergy concerning their living within their Diocesses I shall do it My Self but you may tell any of it 28. How far I may declare Your willingness to give ear to and receive the private Complaints of Your Subjects in general and in particular against any of the Bishops Refuse none 29. If those Ministers who have been by the Multitude displaced are not again to be established They must 30. If in the Abbey-Church the use of the Organs shall be presently enjoyned Yes 31. If those Ministers formerly silenced may not for a time be connived at and permitted to preach If they preach not Sedition 32. If Your Majesty aim at more for the present than establishing the Peace of the Country No more for the present 33. If more it is humbly desired Your Majesty may be pleased to express it When time shall be fit In execution of all which or what else Your Majesty shall think fit to command it is most humbly desired that I may be so warranted that the labouring to put them in execution may not turn to my Ruine nor hazard the losing of Your Majesties Favour dearer to me than life You shall The whole Instructions were signed the 16th of May which follow taken from the Original CHARLES R. BEfore you publish the Declaration which We have signed you shall require all the Council to sign it and if you find that it may conduce to Our Service you shall make all the Council swear to give their best assistance in the execution of the same but this of putting them to their Oaths We leave to your discretion to doe as you shall find occasion but if you shall find it fit to put them to their Oaths those that refuse must be dismissed the Council till Our further Pleasure be known We give you power to cause the Council to sit in what soever place you shall find most convenient for Our Service Edinburgh onely excepted and to change the Meeting thereof as often as occasion shall require You may labour to prepare any of the refractory persons to conceive aright of Our Declaration before it be published so that it be privately and underhand You are to get an Act of Council to pass to declare that this Declaration of Ours ought to free all honest Subjects from the fears of Innovations of Religion or Laws but this you are not to propose publickly except you be sure to carry it If any Protestation be made against Our Declaration the Protesters must be reputed Rebels and you are to labour to apprehend the chiefest of them If Petitions be presented to demand further satisfaction than that We have already given by Our Declaration you are to receive them and to give them a bold Negative both in respect of the Matter and the Form as being presented from a Body which you are no ways to acknowledge If it should be objected against the High Commission that it ought not to be introduced but by Act of Parliament your Answer must be that We found it left Vs by Our Father and therefore We mean to continue it having first regulated it in such a way that it shall be no just Grievance to Our Subjects or against Our Laws and when there is a Parliament We shall be content that iâ— be ratified as We shall now rectifie it If after the limited time in Our Declaration a Body remain at Edinburgh or elsewhere you must raise what Force you can to diâ—sipate and bring them under Our Obedience As soon as the Peace of the Country will permit you are to call a General Assembly for settling of a constant and decent way for Gods Worship We having resolved to call them or to permit them to be as often as occasion shall require We likewise intending to have a Parliament to ratifie what shall be condescended on at the Assembly You may say the Bishops shall impose no other Oath upon Ministers at their Admission but what is warranted by Act of Parliament You are to give direction that the same Service be used in Our Chapel Royal that was before the enjoyning of the Service-book You must admit of no Petition against the 5 Articles of Perth but for the present you are not to press the exact execution of them Whenever the Town of Edinburgh shall depart from the Covenant and petition for Our Favour We will that you bring back the Council and Session to it You shall deny no Pardons nor Acts of Council to any particular persons that shall desire the same for their security Some marks of Favour We may be moved to give to particular persons that may deserve the same All Acts of Council that enjoyn
the use of the new Service-book are to be suspended and to be of no force hereafter You shall declare Our pleasure to Our two Archbishops as soon as the Country is any way settled that it is Our Pleasure that every Bishop shall live within his own Diocess except upon his own urgent occasions or that he be commanded from Vs or the Council to attend there for Our Service which I intend as seldom as may be You shall refuse Complaints against no man in particular whether Officers of State Councellours or Bishops so that it be against their Persons and not their Places All those Ministers who have been displaced by the seditious Multitude are to be so soon as conveniently may be repossessed again as they were As for silenced Ministers you may connive at their Preaching if you find it may tend to the quieting of the Country For the Organs in the Abby-Church We leave them to your discretion when to be used and to advertise Me of your opinion You are to cause insert 6 Weeks in Our Declaration for the delivery up of the Covenant and if you find cause less You shall declare that if there be not sufficient Strength within the Kingdom to force the refractory to Obedience Power shall come from England and that My Self will come in Person with them being resolved to hazard My Life rather than to suffer Authority to be contemned If you shall find cause you are to raise a Guard of 200 or more to attend Our Council You may treat with the Earl of Marr for the keeping of Our Castles of Edinburgh and Sterlin and for the present he must be charged with their safe Custody You shall take seriously into consideration the Copper-coyn and declare Our willingness to remedy the Evils that have risen thereby or what else the Subjects may justly complain of You may declare that as We never intended to assume the Nominating the Provost of Our Town of Edinburgh so We mean not by Our too frequent Letters to hinder the free Election of their own Officers You may likewise declare if you find cause that as We never did so by Gods Grace We never will stop the course of Iustice by any private directions of Ours but will leave Our Lords of Session and other Iudges to administer Iustice as they will be answerable to God and Vs. If you cannot by the means prescribed by Vs bring back the refractory and seditious to due Obedience We do not onely give you Authority but command all hostile Acts whatsoever to be used against them they having deserved to be used no other way by Vs but as a Rebellious People for the doing whereof We will not onely save you harmless but account it as acceptable Service done Vs. Such of these Instructions as you shall find cause We give you leave to divulge and make use of as you find Our Service shall require C. R. At Whitehall the 16th May 1638. All things being thus expeded he took leave a few days after The Marquâ—â— goes for Scoâ—land His Majesty having ordered him to write often to himself and to my Lord of Canterbury he being the onely English person trusted with the secrets of that business The Earl of Sterlin was then Secretary of State for Scotland but as the Copper-coyn made him at that time odious there so he was little esteemed in the Court and not at all imployed in Affairs except in matters of course Sir Henry Vane and the Marquis had contracted a Friendship in the Swedish Camp and so did keep a Correspondence yet that was most about accounts of the posture the King was in in England and what he could do by Force if Treaty could not prevail But with my Lord of Canterbury he kept a constant and free Intercourse and whatever that Archbishop might have been formerly in Scotish Affairs being abused by persons who did not truly represent them to him he was certainly a good Instrument this year which appears from his Letters to the Marquis with the Copies of his Returns which are extant where there were great Jealousies of him My Lord Commissioner begun his Journey about the end of May and on his way he met Letters from Scotland telling him that great Jealousies were raised and vented upon his advertising so many to meet him as if he had some strange design and that his Vassals in Cliddisdale were under high pains discharged to come and pay the duty they owed the Kings Commissioner and their own Superiour On the third of Iune he came to Berwick and there the Earl of Roxburgh met him who told him in what fury all People were and how small hopes there remained of prevailing upon the grounds he was to go on he answered he was resolved to follow his Instructions and be at his hazard Next day the Earl of Lauderdale with my Lord Lindsay came to him and from the later he learned that they would never give up the Covenant that they would have the five Articles of Perth abolished Episcopacy limited so that it should be little more than a Name and if these things were not granted them and a General Assembly and Parliament not called quickly they would call them themselves before the great Crouds at Edinburgh were scattered There was also no small Disorder in Edinburgh at this time for they had notice that there was a Ship in the Road loaded with Arms and Ammunition from which they took the Alarm having it represented much beyond the truth 200 Musquets and as many Pikes with a small quantity of Powder being all the Arms that were in the Ship They resolved to go out the next day and seize the Ship which had been easily done it being onely a Merchant-Vessel but the Earl of Traquair apprehending the hazard caused all the Arms to be sent down in a Boat that night to Fisher-raw and got Carts and presently transported them to Dalkeith which was then the Kings House This enraged the Covenanters when known by them next day and some of the more forward moved that they should presently go to Dalkeith and take them out by force but the wiser of them stopped this yet they set sure Guards around the Castle of Edinburgh and at all the Ports of the City that none of them might be carried thither This meeting with the Marquis his coming down was made use of by the Incendiaries to persuade the People that he designed mischief by these Arms and by the Advertisements he had formerly given another hellish report was also spread that he designed to call a Meeting of the chief Covenanters of all Ranks to Dalkeith and there to blow them up whereupon they resolved not to go out nor treat with him there at all All this was done to irritate the People into a prejudice against him of which he gave Advertisements to the King and held on his Journey The first thing he did was to inform himself exactly of all Matters and Persons
instructed They continued treating about this till the 20th of August but still declined to execute those particulars that were commanded and threatned to call an Assembly and Parliament themselves wherefore the Marquis craved again the space of twenty days to go and bring an Answer from His Majesty which he did to gain more time and to shew the King into what extremities they were now run and that it was necessary He should immediately break with them or give way to the full Career of their zeal The Marquis goes again to Court and so he took Journey on the 25th to Court But the first night he stopped at Broxmouth to consider with the Earls of Traquair Roxburgh and Southesk what advice to offer His Majesty who agreed on the following Articles taken from the Original penned by Traquair Articles of advice offered to His Majesty SInce the cause and occasion of all the Distractions which of late have happened both in Kirk and Polity seems to proceed from the conceived Fears of Innovation of Religion and Laws and that the Service-Book Book of Canons and the unbounded power of Bishops in the High Commission never yet warranted by Law was that which first gave ground and occasion to the Subjects Fears and seeing the said Books are offered to be proved to be full of Tenets and Doctrines contrary to the Reformed Religion professed and established within this Kingdom and the same introduced against all form and custom practised in this Church it were an Act of Iustice well beseeming so Gracious and Glorious a King absolutely and fully to discharge the same And seeing likewise this High Commission hath given so great offence to so many of Your Majesties good Subjects and as is constantly affirmed is of so vast and illimited a power and contrary to express Laws by which all such Iudicatories not established by Act of Parliament are declared to be of no force it would much conduce to the satisfaction of this People if this Iudicatory were discharged till the same were established by Law The practice of the Five Articles of Perth hath been withstood by the most considerable part of the Subjects of all qualities both Laity and Clergy whereby great Divisions have been in this Church and are like to have an increase if Your Majesty in Your accustomed goodness and care of this poor Kirk and Kingdom shall not be graciously pleased to allow that the pressing of these Articles may be forborn until the same may be considered of in an Assembly and Parliament and although we conceive Episcopaâ—y to be a Church-Government most agreeable with Monarchy yet the illimited power which the Lords of the Clergy of this Kingdom have of late assumed to themselves in admitting and deposing of Ministers and in divers other of their Acts and Proceedings gives us just ground humbly to beg that Your Majesty may be pleased to remit to the Consideration of the Assembly this their unwarranted Power The sense and apprehension of these foresaid Evils hath sâ—irred up the Subjects without warrant of Authority to joyn in a Bond and Covenant to withstand the foresaid Innovations and for maintainance of the true Religion the Kings Majesties Person and of one another in the defence thereof If Your Majesty might be graciously pleased in supplement hereof to allow or warrant such a Confession of Faith with such a Covenant or Bond joyned thereto as that signed by Your Majesties Father and by His Command by the Council and most part of the Kingdom we are very confident the same would be a ready and forcible mean to quiet the present Disorders at least to satisfie most part and if Your Majesty shall condescend to the foresaid Propositions we are hopeful if not confident it shall give so great contenâ— to so considerable a number of Your Majesties good Subjects of all qualities that if any shall stand out or withstand Your Majesties Royal Pleasure after the publication thereof they may be overtaken by Your Majesties Power within this Kingdom without the help or assistance of any Force elsewhere And because it is to be hoped that all that hath past in this business and all the Courses that have been taken herein by the Subjects hath proceeded from the foresaid Fears of Innovations and not out of any Disloyalty or dissatisfaction to Soveraignty and that Your good People may still taste the fruits of Your Grace and Goodness we wish Your Majesty may be graciously pleased upon the Word of a King to pardon what is past and never so much as to take notice of any of the Actions or Proceedings of what person soever who after this shall carry himself as becomes a dutiful Subject and in testification thereof shall give his best assistance for settling the present Disorders And if Your Majesty may be pleased to condescend hereto we conceive all Your Majesties Subjects Petitioners or Covenanters should acquiesce and rest heartily satisfied therewith and if any shall be so foolish or mad as notwithstanding this Your Majesties grace and goodness still to disturb the Peace of Your Majesties Government we in testification of our hearty thankfulness to our Soveraign by these humbly and heartily make offer of our Lives and Fortunes for assisting Your Majesty or Your Commissioner in suppressing all such Insolences or insolent persons Signed Hamilton Traquair Roxburgh Southesk From Broxmouth he went forward to wait on His Majesty and did shew him that unless he enlarged his Instructions he was to treat no further The Marquis advises the King to renew King Iames his Covenant since he saw the Contempt was like to be put on the last Instructions so visibly that he durst not make use of them lest he should thereby have exposed His Majesties Goodness to new Affronts And as he represented this to His Majesty so he told him nothing seemed so likely a Course for removing of Jealousies and settling all things as the Authorising the Covenant that upon King Iames his command was drawn up by Mr. Iohn Craig An. 1580 containing the renunciation of all the Articles of Popery which was the ground of the present Covenant The King reasons against that His Majesty did utterly disrelish the Proposition of signing that Covenant usually called the Negative Confession for he remembred how his Father had resented his doing of that as rash and indeliberate And it seemed strange to him that so many Negatives should be sworn to especially with such aggravations of Epithets as if one might not be firm enough to the Protestant Doctrine unless he not only abjured Popery in bulk but also by retail in so many particulars some whereof might be both uncertain and indifferent And it seemed tyrannical over tender Consciences to require such an Oath from all Persons but more especially from Women and simple People who could not judge well and so were not fit to swear in such nice points therefore the King said he looked upon the Remedy proposed as full
most assured who expressed their satisfaction to the full Then he pressed it might be put to the Vote which was there debated at length but some desired they might proceed more maturely since it was a Confession of Faith they were to sign This could not be refused and so was followed by a long debate and in end many desired they might not be put to sign it that night The Marquis remembring the Disorder had followed upon the last Act and resolving not to run such a risque again said he did not desire it should be signed that night but that they should be ready for it next morning withall protesting he would have none sign it but such whose Consciences were satisfied and who were ready to hazard Life and Fortune in the prosecution of it and so after he had caused Registrate His Majesties Letter they rose about ten a clock at night Most part of that night he spent in labouring those who had Scruples and consulting with such as were well affected In the morning the Clerk-Register and Kings Advocate came to draw the Forms of indicting the Assembly The Kings Advocate seemed unwilling it should be according to the style used in King Iames his latest times and much opposed by the Covenanters but he was over-ruled About six in the morning the Earl of Rothes and many of the Covenanting Lords desired access and the Marquis calling as many of the Council together as could be had of a sudden admitted them Rothes in the name of the rest said they heard the Council were to sign the old Confession of Faith and to publish a Declaration thereabout which they desired might be delayed till Monday next and then they doubted not to be able to give good reasons why they should not doe it The Marquis replied he should return them an Answer by the advice of the Lords of the Council quickly and from them he went to Council being firmly resolved to admit of no delay knowing that it was sought on design to divide the Council The Covenanters upon their Petition were called in to the Council and they raised a long Debate which lasted about four hours and in the end no delay was granted at which the Covenanters were infinitely discontented and went away not without some big words At length after three hours more debate amongst the Councellours The Council â—est satisfied with His Majesties offers it was carried without a contrary voice that the Confession should be presently signed next the Proclamation of Grace was ordered to be published with another for indicting an Assembly at Glasgow the 21th of November and another for a Parliament at Edinburgh the 15th of May next then they passed an Act declaring their full satisfaction with His Majesties Concessions together with a Letter of Thanks to His Majesty expressing their full satisfaction with large Engagements to adhere constantly to His Service and so they rose at four a clock having sate from seven in the morning The Proclamations were immediately sent to the Cross yet the Covenanters protest which there met with Protestations but many judged they went upon Grounds so weak that it was visible they were designed for no other end but to keep the People from being satisfied and to hinder the Subscription of the Confession and Bond. Many of the Council were displeased with the Protestation and swore to the Marquis that since Religion was now secured they would appear in another manner for the Kings Interest but all he could do could not persuade them to pass a Censure upon the Protestation as Seditious Next there were Commissions given out for the Shires to seek in Subscriptions to the Confession of Faith and the Earl of Rothes and some other Covenanters were joyned in the Commission for the several Shires which was censured by many but most of all by the King himself who knew not how to construct of this as will appear by a Letter which will be inserted in its place But most of the Councellours were earnest for it upon these Reasons that it gave these Lords a fair opportunity of retreating if they would accept of it it might also confirm all that the Kings Indemnity was designed to be Real when such persons were so soon trusted it might give some Jealousie to the other Covenanters against those who were so trusted as if under-hand they had given some Engagements But chiefly the Body of the People would be very much persuaded that the thing was designed in earnest when they read those Names in the Commissions Upon these Grounds the Marquis yielded to the desires of the Councellours and the King was fully satisfied when he was informed about it which will quickly appear Upon the notice His Majesty had of what passed he wrote the following Letter Hamilton I Have no time now to make my observations upon your Proceedings therefore now I shall onely tell you that I approve them all in what concerns your part of them and that not onely so but that I esteem it to be very great Service as the times are This much I thought necessary at this time to encourage you in your Proceedings my next shall be longer yet this is enough to assure you that I am Your assured constant Friend CHARLES R. Hampton-Court 30 Sept. 1638. This being done the Marquis his next Work was to preserve Episcopacy which was in visible hazard since the worst-affected every where were chosen Commissioners for the Assembly The Marquis apprehends the design against Episcopacy and of this he advertised the King desiring him to go on with his Preparations for fear of the worst and particularly he remembred him of the Resolution he had taken about Berwick which was that because Souldiers could not be levied in England and sent thither without making a direct Breach therefore a thousand and five hundred Souldiers should be levied in the Prince of Orange his Name in Holland and these be suddenly shipped and as suddenly landed at Berwick for securing of that place But withall he advertised His Majesty to go on with much secrecy lest the Covenanters might take the start of him and therefore he advised the stopping of a Magazine that was to be sent to Hull which since it was not presently to be made use of he thought might lie as well in the Tower of London as there And to this Dispatch he had the following Answer Hamilton I See by yours of the 27th of September that the Malignity of the Covenanters is greater than ever so that if you who are my true Servants do not use extraordinary Care and Industry my Affairs in that Kingdom are likely rather to grow worse than better therefore you that do your endeavours accordingly deserve the more praise and your opposers the more punishment and in my mind this last Protestation deserves more than any thing yet they have done for if raising of Sedition be Treason this can be judged no less And methinks if
not well but God forgive them with misconceits of His Intentions concerning the Religion professed in this Church and Kingdom But to rectifie all such Misconceptions of His Subjects His Majesties desire is that before this Assembly proceed to any thing else His Subjects may receive ample and clear satisfaction in these Points wherein His Majesties gracious Intentions have been misdoubted or glanced at by the malevolent Aspects of such as are afraid that His Majesties good Subjects should see His clear mind through any other Glasses or Spectacles than those they have tempered and fitted for them Those sinistrous Aspersions dispersed by surmizes have been especially two first as if there had been in His Majesty if not some Intention yet at least some inclination to give way if not to Alterations yet to some Innovations in the Religion professed in and established by the Laws of this Church and Kingdom I am confident that no man can harbour or retain any such thought in his breast any more when His Majesty hath commanded that Confession of Faith which you call the Negative to be subscribed by all His Subjects whatsoever and hath been Graciously pleased to put the Execution of this His Royal Command in your own hands The next false and indeed foul and devilish Surmize wherewith His good Subjects have been mis-led is that nothing promised in His Majesties last most Gracious Proclamation though most ungraciously received was ever intended to be performed nay not the Assembly it self but that only Time was to be gained till His Majesty by Arms might oppress this His Own Native Kingdom than which Report Hell it self could not have raised a blacker and falser For that part which concerneth the Report of the Intention of not holding the Assembly this Day and Place as was first promised and proclaimed thanks be to God confuteth that Calumny abundantly for the other of making good what His Majesty did promise in His last Gracious Proclamation His Majesty hath commanded me thus to express His Heart to all His good Subjects He hath seriously considered all the Grievances of His Subjects which have been presented to Him by all and several of their Petitions Remonstrances and Supplications exhibited unto Himself His Commissioner and Lords of His Secret Council and hath graciously granted them all and as He hath already granted as far as could be by Proclamation so he doth now desire that His Subjects may be assured of them by Acts of this General Assembly and afterwards by Acts of Parliament respectivé And therefore he not onely desires but commands that all the Particulars he hath promised be first gone in hand with in this Assembly and enacted and then afterwards what His Subjects shall desire being found reasonable may be next thought upon that so it may be known to God and the whole World and particularly to all His good Subjects how careful His Majesty is to discharge himself of all His Gracious Promises made to them hoping that when you shall see how Royally Graciously and Faithfully His Majesty hath dealt with you and all His Subjects you will likewise correspond in loyal and dutiful Obedience in chearful but calm and peaceable Proceeding in all other business to be treated of in this Assembly and because there shall be no mistake I shall now repeat the Particulars that you may see they are the same which were promised by His Majesties first Proclamation To this I shall adde the Paper of His Majesties Concessions taken from the Original wherein His Majesty had interlined and dashed out some things with his own Pen. CHARLES R. THe Kings Majesty being informed The Kings Oâ—fers to the Assembly that many of His good Subjects have apprehended that by the introduction of the Service-book and Book of Canons the in-bringing of Popery and Superstition hath been intended is Graciously pleased to discharge the said Books and to annul all Acts made for establishing thereof and for His good People their further satisfaction is Graciously pleased to declare by me that no other in that kind shall hereafter be introduced but in a fair and legal way of Assembly allowed by Act of Parliament and the Laws of this Kingdom The Kings Majesty as he conceived for the ease and benefit of the Subjects established the High Commission that thereby Iustice might be administred and the Faults and Errours of such persons as are made liable thereto taken order with and punished with the more convenience and less trouble to the People but finding His Gracious Intentions to be herein mistaken hath been pleased likeas he is Graciously content that the same be discharged with all Acts and Deeds made for the establishing thereof and is pleased to declare by me That that Court or Iudicatory nor no other of that nature shall be brought in hereafter but in that way allowed by the Laws of this Kingdom And the Kings Majesty being informed that the urging of the five Articles of Perth's Assembly hath bred Distraction in the Church and State hath been Graciously pleased to take the same into His consideration and for the quiet and peace of Church and State doth not onely dispense with the practice of the said Articles but also discharges and by these hath discharged all and whatsoever Persons from urging the practice thereof upon either Laick or Ecclesiastick person whatsoever and doth hereby free all His Subjects from all Censure and Pain whether Ecclesiastical or Secular for not urging practising or obeying them or any of them notwithstanding any thing contained in the Acts of Parliament or General Assembly to the contrary And because it is pretended that Oaths have been administred to Ministers at their entry contrary and differing from that which is set down in the Acts of Parliament His Majesty is pleased to declare and ordain that no other Oath shall be required of any Minister at his entry than that which is expresly set down in the Acts of Parliament and this He is content be considered of in the Assembly to be represented to the Estates of Parliament and enacted as they shall find expedient And that it may appear how careful His Majesty is that no Corruption or Innovation shall creep into this Church neither any scandal vice or fault of any person whatsoever censurable or punishable by the Assembly go unpunished it is His Majesties Pleasure likeas by these His Majesty does assure all His good People that hereafter General Assemblies shall be kept as oft as the Affairs of this Kirk shall require and to this purpose because it is probable that some things necessary for the present Estate and Good of this Church may be left unperfected at this present Assembly We do by these indict another Assembly to be holden at And that none of Our Subjects may have cause of Grievance against the Procedure of Prelats Our Pleasure is that all and every one of the present Bishops and their Successours shall be answerable and accordingly from time to
time censurable according to their Merits by the Assembly which His Majesty is likewise pleased be enacted in this present Assembly and thereafter ratified in Parliament And to give all His Majesties good People good assurance that he never intended to admit any Alteration or Change in the true Religion professed within this Kingdom and that they may be truly and fully satisfied of the Reality of His Intentions towards the maintainance of the Truth and Integrity of the same His Majesty hath been pleased to require and command all His good Subjects to subscribe the Confession of Faith subscribed by His dear Father in Anno 1580. and for thaâ— effect hath ordained the Lords of His Privy Council to take some speedy course whereby the same may be done thorough the whole Kingdom which His Majesty requires likewise all those of this present Assembly to sign and all others His Subjects who have not done it already and it is His Majesties Will that this be inserted and registred in the Books of this Assembly as a Testimony to Posterity not onely of the sincerity of His Intentions to the said true Religion but also of His Resolution to maintain and defend the same and His Subjects in the professing thereof C. R. The Marquis consults the Bishops how to proceed The Marquis sent a Gentleman to ask the advice of the Bishops then in the Castle of Glasgow about the particular way of his Procedure in the Assembly from whom he had the following Letter My Lord may it please your Grace THis Worthy Gentleman hath desired my Iudgment concerning three things who write to him first concerning the production of a Letter from His Majesty to the Assembly directed to the Archbishops Bishops and Ministers whether or not this can be produced and any Note made upon it before there be a Moderator condescended upon My humble Opinion is which I humbly submit to your Graces better Iudgment that the Letter be presented given by your Grace to the Clerk and read by him Here it is most like your Grace will be pressed that the Letter is directed to an Assembly that cannot be without a Moderator and yet on purpose to get a Moderator by Election and an Assembly established to which in my Iudgment it may be replied that it may be that the Kings Letter containeth something to that purpose which therefore is to be read and noted by the Clerk as produced onely The second is concerning the Examination of the Commissions and Commissioners My Lord it is certain that both are most illegal and there is more than sufficient ground from this one if there were no more to void this Assembly and make it null But how to begin at this I see not so well for if the Commissions and Commissioners be rejected then how shall the Kings Real and Royal Intentions be manifest to the Subjects which is most necessary that the Factious may not have advantage to possess good and loyal Subjects that His Majesty is onely deluding them for other ends On the other part if your Grace approve the Commissions and Commissioners how far King and Church shall suffer your Grace is wiser to conceive than I am able to express The third is concerning the Declinator when it shall be proposed or presented to your Grace My Lords of Glasgow and Brechin are fully of that mind that at the very first it is to be used before the Assembly be established their Reasons seem very pregnant first because all Declinators are used so next if the Assembly be once established how can it be declined or your Grace admit our Declinator or Protestation My Lord seeing two things are mainly to be look'd to the one that His Majesties Pious Intentions be made known to this present Meeting the other that the Church suffer no prejudice my humble Opinion is that first the Kings Letter as I have said be read and marked Produced next immediately after our Declinator produced and presented to your Grace read in audience of all Instruments taken in the Clerk-Registers hands and it marked by the Clerk Produced Then your Grace may by your own Wisdom conceive a brief Speech excusing your self that you are not so well acquainted with the Formalities and Legalities of Church-meetings yet that seeing in such Distractions and Combustions all things cannot be done in that orderly way is requisite and that your Grace does know how that with a most earnest and Fatherly Care His Majesty endeavours the binding up of this Breach and the restoring of Church and State to Quiet and Peace and that your Grace for that Duty you owe to your Master and Love you have to your Native Country will leave nothing undone that is in your power and incumbent to a faithful Servant and kind Patriot and therefore will adventure to chuse rather to erre in formal Errours than to leave so material and necessary a Work at such an exigent of time and so seeing there is no Archbishop nor Bishop present your Grace by connivence will permit them for how your Grace can allow it I see not to chuse a Moderator and will not fall upon that shelve or rock of Examination of Commissions or Commissioners being confident that if matters go on in a moderate way what shall be agreed upon shall be liked by all even those that are taken to be their Party and what is amiss in Formality and Legality if no errour be in the matter of the Conclusions may most easily and speedily be helped After the Moderator is condescended upon the first thing your Grace would urge is the Registrating the Kings Letter in the Books of the Assembly then the Registrating of our Declinator After this your Grace will be careful that nothing be proposed till what is in His Majesties Declaration be enacted and if this being done they fall upon any extravagancy your Grace then may by advice of the Council declare that seeing they will not hold Moderation your Grace and the Council must examine their Commissions and Commissioners to which before you gave connivence and discuss the relevancy of our Declinator This Course keeped in my poor Iudgement will fully manifest to all His Majesties pious Intentions evidence your Graces sincere affection to Religion and the Kingdom preserve our Right make them unexcusable let the People see how unreasonable and immoderate they are and give to your Grace a fair way and ground to discontinue and discharge the Meeting under pain of Treason This my weak and poor opinion I have made bold to declare to your Grace not out of any confidence in my self but necessitated because of that Obedience I owe your Grace and true affection to the Peace of Church and State which with my self and all my endeavours I humbly prostrate to you and submit to your Graces better Iudgement I humbly beg of your Grace to let me know by this Gentleman what shall be done with our Declinator and let him come and
I shall esteem it a very great Service but I shall not advise you to engage me in further Charge except it may be the Pay of some few Officers So not doubting but that you will make as much of little as you may and recommending this Lord to your care I rest Your assured constant Friend CHARLES R. Newcastle 13 May 1639. The Marquis found Aboyn had no Propositions to make besides General Stories and he saw him to be of an unstay'd Humour so that he was hopeless of any good account of his business As for Money he was limited by the King and for Men he had sent away the two Regiments that same day and since he expected Orders every Hour from His Majesty for somewhat to be executed by the third Regiment he could not weaken it too much yet he sent a few Officers the chief of whom was Colonel Gun together with some Ammunition and four small Peece of Artillery And of all this he gave an account to His Majesty adding that perhaps some might misrepresent his lying so long idle but His Majesty knew what Orders himself had given it being his part to obey yet he earnestly craved liberty to doe somewhat worth the while to which he received the following Answer Hamilton HAving much Business I refer you to Master Treasurer yet thiâ— I think necessary to pass under my own Hand because of a Clause in yours of the 26th of this Moneth that I am so far from having the least hint in my Heart against you that I would think my self a happy Man if I could be as confident in the Faith Courage and Industry of the rest of my Commanders and Officers as I am of you which makes me really to be Your assured constant Friend CHARLES R. Berwick May 29th 1639. By this time the King had encamped at the Birks three miles from Berwick where His Majesty lay in the Camp himself All this while Traquair was not allowed to see the King till he had done some Service which might expiate his former Errors And My Lord Roxburgh was in the same case Some on the Borders are gained for the King for he coming to wait on the King at York to clear himself of his Sons fault in turning in to the Covenant His Majesty was so Gracious as to tell him he believed him innocent yet for examples sake he found it necessary to keep him under some mark of his Displeasure So after a few days Confinement both Traquair and he were suffered to go near the Borders to see whom they could engage to the Kings Service and they gained the Earl of Hume to be satisfied with His Majesties Proclamation and had got good assurances both of the Lord Iohnstown the Earl of Queensberry and of Buckcleugh his Friends The Proclamation was published first at Heymouth next by General Arundel and Ruthwen at Dunce upon which Lesley brought forward his Forces and lay at Duncelaw in view of the Kings Army On the fourth of Iune at noon the Marquis received the following Letter from His Majesty Hamilton The King orders the Marquis to enter on Hostilities THis day I received yours by the Lord Seaton and find your Opinion therein very good if I might spare so many men but every one that I dare consult with about this protesteth against the diminishing of one man â—rom my Army besides I have no mind to stay here upon a meer Defensive which I must do if I send you that Strength you mention Likewise I think that I have my Lord Hume sure and am reasonably confident of my Lord Johnstown I have good hopes too of Queensberry and the Scots therefore all these things considered it were a shame if I should be idle Wherefore now I set you loose to doe what mischief you can doe upon the Rebels for my Service with those men you have for you cannot have one man from hence Leaving the rest to the relation of this honest Bearer I rest Your assured constant Friend CHARLES R. Camp near Berwick 2 June 1639. The Marquis no sooner got this but he presently set to work resolving neither to spare Burroughstownness which was his own Town who goes about it nor Prestonpans which was his Cousins But a strange Accident befell him the next day for as he went out in a small Vessel with a Drake on her and 60 Souldiers to view the Queensferry and burn the Ships that lay in the Harbour he saw a Merchant-barque coming down towards him and he caused row up to her but she perceiving her Danger run her self aground upon the Sands of Barnbougle The Tide falling apace and he following her indeliberately run himself likewise on ground where he was like to have been very quickly taken by the men on the Shoar who were playing upon him and some Volleys passed upon both hands But they on the Land were waiting till the Waters should fall reckoning him their Prey already which had been inevitable had not the Seamen got out and being almost to the middle in Water with great tugging set them afloat and so he returned safe to the Fleet. And this was all the ground for that Calumny of his making Appointments on the Sands of Barnbougle with the Covenanters The next day at eight in the morning being the sixth of Iune he received the following Letter from Sir Henry Vane My Lord BY the Dispatch Sir James Hamilton brought your Lordship from His Majesties Sacred Pen and gets new orders from His Majesty you were left at your liberty to commit any act of Hostility upon the Rebels when your Lordship should find it most opportune since which my Lord Holland with 1000 Horse and 3000 Foot marched towards Kelso himself advanced towards them with the Horse leaving the Foot three miles behind to a Place called Maxwel-heugh a height above Kelso which when the Rebels discovered they instantly marched out with 150 Horse and as my Lord Holland says eight or ten thousand Foot five or six thousand there might have been He thereupon sent a Trumpet commanding them to retreat according to what they had promised by the Proclamation They asked whose Trumpet he was he said my Lord Holland's their answer was he were best to be gone And so my Lord Holland made his Retreat and waited on His Majesty this night to give him this account This morning Advertisement is brought His Majesty that Lesley with 12000 men is at Cockburn-spath that 5000 men will be this night or to morrow at Dunce 6000 at Kelso so His Majesties opinion is with many of his Council to keep himself upon a Defensive and make himself here as fast as he can for His Majesty doth now clearly see and is fully satisfied in his own Iudgement that what passed in the Gallery betwixt His Majesty your Lordship and my Self hath been but too much verified on this occasion And therefore His Majesty would not have you to begin with them but to settle things
since these Arguments are as I conceive used for Your Service the Good of which shall be ever preferred by me before either Life or Fortune which I would willingly expose to all Dangers rather than You shall be pleased to lay this Employment on me for Your Majesties Affairs would be infinitely prejudiced thereby All which I humbly beseech You to take into Your Royal Consideration The King chuses Traquâ—ir to be Commissioner There was too much Justice in these Reasons and His Majesty was too full of Affection for him to press it any further therefore the King made choice of his Treasurer the Earl of Traquair for the Service making account that if he served honestly it would doe well if otherwise his Majesty would have good reason to shake him off Upon this he was presently called from Scotland The King also wrote for 14 of the Lords that were the chief Covenanters and writes for many Covenanters to come and wait upon him at Berwick that he might advise with them about the Affairs in hand But the true reason as was believed was to try what fair Treatment might doe with them This gave great Jealousies to the Covenanters who were not so blind as not to understand what the effect of this might prove And indeed some studied to infuse worse Jealousies as if the Design of calling for the Lords had been to send them all Prisoners to London In end they resolved none should go save three from each Estate the three Lords were the Earls of Montrose London and Lowthian and Lowthian was the person who pressed them most to send any for many had no inclinations to send at all But before they came to Berwick the King ordered the Marquis by a Warrant in writing yet extant under His Majesties Hand to try what way he could gain upon them and discover the bottom of their Intentions how the Estate of Bishops should be supplied in Parliament and how far they intended to lessen the Kings Authority The King also allowed him to use what means he pleased and speak to them what he thought fit not onely authorizing but requiring him to it and warranting him if he were ever questioned or accused for it by any Bearing date at Berwick the 17th of Iuly 1639. The Kings Trust in the Marquis It is easie from this to infer both how intirely His Majesty confided in him and how unjust they are who upon any Expressions he might then have used offer injury to his Memory and yet he managed this so cautiously that very little escaped him for which he could not have justified himself without this Order But so tender was he of His Majesties Reputation that when he was afterwards charged for some hard Speeches alledged to have been uttered at that time in all his written Defences he never made use of this Justification knowing how at that time it might have prejudiced His Majesties Service if it had been known that he gave such Warrants to those he imployed reserving to whisper it in His Majesties Ear when he should be admitted to his Presence And indeed till this appeared the Writer of these Memoires was not a little stumbled with some of his Speeches then uttered which were hard to be understood for having them so near the Fountain he could scarce doubt his Information but this Order reconciles the Truth of these Reports he had heard with the Marquis his Innocency The King gains Montrose The King was highly sensible of the Affront put upon him by hindering all he had called for to come to wait on him yet he resolved to bear as far as Humane Patience could go and studied to gain upon the Lords that came The Earl of Montrose was much wrought upon and gave His Majesty full Assurances of his Duty in time coming and upon that entred in a Correspondence with the King The other two were a little mollified but not gained onely from them the Marquis learned that all the Acts of Parliament for Episcopacy were to be abrogated by the next Parliament and that they designed to change the course of bringing in things to the Parliament by the Lords of the Articles as a Prelimitation upon the Parliament Whereupon the next thing to be done was to draw Traquair's Instructions which was not done without great and long Consultation none being privy to it besides the Marquis and Traquair himself That which made the King so tender was his Zeal for Episcopacy but Traquair helped him out of all Difficulties by telling him that doe the next Parliament what it would there were still good grounds to introduce Episcopacy when ever the King was able to carry it for Bishops being by all the Laws of Scotland one of the three Estates of Parliament no Act that passed without them could have force in Law much less the Act that abolished them especially they not appearing or consenting to it but protesting against it This gave much ease to the Kings thoughts and so on the 27th of Iuly Traquair's Instructions were signed which follow as they are taken from a Copy of them under the Marquis his Hand CHARLES R. AT the first Meeting of the Assembly Traquair 's Instructions before it be brought in dispute who shall preside you shall appoint him who was Moderator in the last Assembly to preside in this till a new Moderator be chosen We allow that Lay-elders shall be admitted Members of this Assembly the but in case of the Election of Commissioners for Presbyteries Lay-elders have had Voice you shall declare against the informality thereof as also against Lay-elders having voice in Fundamental Points of Religion At the first opening of the Assembly you shall strive to make the Assembly sensible of Our Goodness that notwithstanding all that is past whereby We might justly have been moved not to hearken to their Petitions yet We have been Graciously pleased to grant a Free General Assembly and for great and weighty Considerations have commanded the Archbishops and Bishops not to appear at this Assembly You shall not make use of the Assessors in publick except you find you shall be able to carry their having Vote in Assembly You shall labour to your uttermost that there be no question made about the last Assembly and in case it come to the worst whatever shall be done in Ratification or with relation to the former Assembly Our Will is that you declare the same to be done as an Act of this Assembly and that you consent thereunto onely upon these terms and no ways as having any relation to the former Assembly You shall by all means shun the Dispute about Our Power in Assemblies and if it shall be urged or offered to be disputed whether We have the Negative Voice or the sole Power of Indicting and consequently of Dissolving except you see clearly that you can carry the same in Our Favours stop the Dispute and rather than it be decided against Vs stop the
for the King to do much without a Parliament in England and Subsidies granted by it but they had reason to think the Parliament would begin with Grievances before they went to Subsidies and if their enquiring into the former proved long and fierce as it would protract the Kings Supply it might also breed Irritations and Heats and end in a Rupture without relieving the King Neither could much be expected from a Loan of Money most of the Cities London especially were not well-affected to the Court and so were like to prove backward and narrow and all might be promised from that was to put off one Summer but the Scotish Storm was like to lie longer Besides he believed that if the Loan of Money went through the Scots would think that a good reason for their entring into England to make the Northern Countries the seat of the War which would prejudice the Kings Service in England All this he foresaw well and therefore was rack't with perplexity only he was not doubtful what to doe himself resolving to follow the Kings Interests on all hazards and in these Consultations this Year ended Anno 1640. An. 1640. They prepare in Scotland for War IN Scotland they begun again to prepare for a new War and the Ministers this year were likewise very busie taxing the King as having violated the late Pacification because way was not given to all their Acts. Besides it was preached in the very Pulpits of Edinburgh that the King had caused burn at London by the hand of the Hangman the Articles of the Treaty at Berwick This was founded on the Censure was put on the Paper spoke of last year which they gave out as the Conditions of Agreement and was burned by Order of the Council of England upon the Declaration made by all the English Lords who were on the Treaty That no other Articles were agreed upon beside the Seven above-mentioned yet this took with the People Next they laid on great Taxes for paying the last years Debts and defraying the Expence this year was like to draw on and for procuring of Money they fell on a new Device to cause the Ministers exhort all to lend liberally for the Service of the Cause which they did with so much Art and Zeal that the Women came and brought in their Jewels Rings and Plate however much Money was not got that way and all was far short of what they needed therefore divers of the most zealous of the Lords chiefly the Earls of Rothes and Cassils did give Bonds for great sums of Money and one Dick a rich Citizen of Edinburgh was got to lend them many thousand pounds Lanerick made Secretary of State In February the Earl of Sterlin the Secretary died for whose Place the King made choice of the Marquis his Brother Lord William whom he created Earl of Lanerick It was indeed the Kings choice for neither had the Marquis moved it nor himself pretended to it The Earl of Lanerick did act so considerable a part in Affairs after this that methinks their History should be as little divided as their Counsels and Affections for the Kings Service were and therefore as Lanerick's Actions come in my way they shall not be passed over in silence Being made Secretary his first care was to inform himself of all that belonged to his Place and Duty in the discharge whereof he resolved neither to spare labour or industry that thereby he might supply the defect of his years which were then but four and twenty But to go on with the Series of the Story the King went on carefully with his Preparations only the Charge of a Fleet was so great that he could not think of it this year but sent out as many Ships as stopt the Scotish Trade And finding how ill he had been served by his Lieutenant-Generals the former year and confiding both in the valour fidelity and conduct of the Earl of Strafford then Lord Lieutenant of Ireland he was called over to be Lieutenant-General in this Expedition and the Marquis was designed Colonel of the Kings Regiment of Guards The state of Affairs in Scotland In Scotland they were gathering Money bringing in more Arms and fortifying suspected Places few resisting them except Huntley in the North and Niddisdale in the South but the later was able to doe little The Marquis had divers Letters from my Lord Lindesay which are yet extant complaining of the Preparations they heard were making against them That Officers for the Army were already named Money was gathering not only Berwick Carlisle were fortified but Edinburgh-Castle and Dumbriton also had new men put in them and English-men were put in the former whereupon they were forced to resolve on hazarding the utmost for the Defence of Religion and Liberties and that all were Contributing very liberally and knew of good Friends both in England and abroad wherefore he assured him if things went to extremities they would not end so well as they did last year And he besought him that he would prove a good instrument betwixt the King and the Country protesting that for his own part nothing next to Religion went so near his Heart as the Kings Service In end he conjured him not to accept of any new Service if it went to an open Breach assuring him he would be ruined if he did telling him that God had provided a relief for them beyond their expectation The Marquis carried all these Letters as he got them to his Majesty and by his command wrote the following Answer My Lord I Received yours of February The Marquis his Letter to the Lord Lindsay wherein you endeavour to let me see the hazard that His Majesty may run if he take not a peaceable Course with his Subjects of Scotland which you say I am reported to be no adviser of as likewise the unavoidable Ruine that will befall me in case of my accepting of any Imployment against them The Arguments that you use are the Resolutions of your own People and the assistance that you will have elsewhere the particular way you forbear to write yet you say that God hath provided it beyond your expectation and as it was beyond your expectation so it is still beyond my belief my Reasons you shall have anon But first I will say somewhat concerning my self Know then Brother for a truth that I heartily pray a Curse may follow him and his Posterity that doth not endeavour and wish that these unhappy Troubles may be composed in a fair and peaceable way God who knoweth the Secrets of all mens thoughts can bear me record with how much care pains and zeal I have endeavoured that and I promise you I shall as faithfully continue in that Course as ever man did in any Resolution which was with reason grounded in his heart how few either believe or know this I care not for I have laid my accompt long since and am resolved on the worst that
Petitions and true Informations of my Innocency and Loyalty but doth notwithstanding thereof harbour any opinion of my Disloyalty or casting off my dutiful Obedience and Subjection to His Majesty or offering Subjection to any other King or Potentate in the World I am content to undergo the most exact Trial which is agreeable to the Laws of that Kingdom by which onely I ought to be judged rather than lie under such a heavy Imputation which to me who am conscious of my own Innocency and of my most tender and humble Duty towards His Majesty is more grievous than my Sufferings which can onely prejudice and hurt me and my private Estate but can no ways conduce for advancing of His Majesties Service but rather be a hinderance to the Accommodation of Affairs whereas my Liberty or lawful Trial will serve for the Illustration of His Majesties Iustice to the World and will make His Subjects without fear of danger to tender their humble Suits and Remonstrances at the Throne of His Royal Iustice. An. 1639. Upon this the Marquis pressed the King much for my Lord Lowdon's Enlargement since the Covenanters made great noise with it in all their Complaints The Marquis treats with him by the Kings Order and pretended that they durst send up no more Commissioners and therefore they sent their Acts in the Packet He did also shew His Majesty that he knew by the Lieutenant of the Tower that Lowdon was very fearful wherefore he desired permission from the King to try what this Fear could draw from him and to see if his Enlargement with the hopes of a Noble Reward could engage him to the Kings Service which if obtained might prove of great advantage since the Irritations he had received would make his Advices less suspected in Scotland His Majesty approving this he treated with Lowdon and found him abundantly pliant and so on the 26th of Iune he agreed with him on these Terms which he got under Lowdon's Hand in two Papers yet extant THE Lord Lowdon doth promise to contribute his faithful and uttermost Endeavours for His Majesties Service and furthering of a happy Peace and shall with all possible diligence and care go about the same and shall labour that His Majesties Subjects of Scotland may in all humility petition that His Majesty may be Graciously pleased to authorize a Commissioner with full Power from His Majesty to establish the Religion and Liberty of that His Majesties Native and Ancient Kingdom according to the Articles of Pacification and that by a new Convening or Session of the Parliament without cohesion or dependence on what hath been done by themselves without His Majesties Presence or of a Commissioner to represent His Majesties Royal Person and Power That if there be not an Army already convened in Scotland in a Body he shall endeavour that they shall not convene nor come together during the time of Treaty in hope of Accommodation and if they be already convened in a Body before his return he will labour that they may dissolve and return to their several Shires or dispose so of them that they remain not in one Body as may best evince that they intend not to come into England but may carry themselves in that respective way as may best testifie their Duty to His Majesty and their Desires of Peace That if General Ruthwen shall happen to become their Prisoner they may as a testimony of their desire to shun every thing which may provoke His Majesties displeasure preserve him and that the Lord Lowdon will shew how far he is engaged for his Safety That when Affairs shall be brought to a Treaty in Parliament and that His Majesty shall be Graciously pleased to settle the Religion and Liberties of the Kingdom according to the Articles of Pacification he will endeavour that the Kings Authority shall not be entrenched upon nor diminished that they may give a real demonstration to the World how tender and careful they are that His Majesties Royal Power may be preserved both in Church and State That what is done or imparted to the Lord Lowdon concerning His Majesties Pleasure shall be kept secret and not revealed to any here further than His Majesty shall think expedient That the Lord Lowdon shall as soon as conveniently he can return an account of his Diligence There was given with this another Paper which follows An. 1640 Memorandum of what passed betwixt the Marquis of Hamilton and me 26 Iune 1640. BEcause no great matters can be well effectuated without Trust Fidelity and Secrecy therefore it is fit that we swear Fidelity and Secrecy to others and that I shall faithfully contribute my best Endeavours for performance of what I undertake and that my Lord Marquis doe the like to me Our desires and designs do tend mainly for Preservation of Religion Laws and Liberties of the Kingdom the Kings Honour and of His Royal Authority and for establishing of a happy Peace and preventing of Wars and we are to advise and resolve upon such ways and means as may best conduce for these ends If after using of our utmost Endeavours it be not Gods will that we may be so happy as to obtain such a Peace in haste as may content the King and satisfie his Subjects till differences draw to a greater height and beginning of Wars to resolve what is fit to be done in case of such an Extremity for attaining a wished Peace and to condescend what course we shall take for keeping of Correspondence If my Endeavours and Service which doubtless will put me to a great deal of expence and pains shall prove useful for His Majesties Service and Honour and the Good of the Kingdom which are inseparable the Marquis will intercede really and imploy his best Endeavours with the King to acknowledge and recompence the Lord Lowdon 's Travels and Service in such manner as a Gracious King and Master should doe to a diligent and faithful Servant Upon this Lowdon was enlarged next day Lowdon is enlarged and permitted to go down to Scotland but those who did not know the Secret of this thought the King had weakened himself much by letting go an Hostage of such importance and this gave new Suspicions of the Marquis his Tamperings with the Covenanters His Majesty commanded the Earl of Lanerick to write by the Lord Lowdon the following Answer to the Letter sent up by the Lords of Scotland with the Acts they had lately passed My Lords BY my former of the Date the 23th of June Lanerick 's Answer to the Committee in Scotland His Majesty was pleased to promise by me to let you know within few days His further Pleasure concerning those Proceedings and Desires of the Noblemen and Barons and Burgesses which you sent me to be presented to His Majesty whereupon he hath now commanded me to tell you that the not proroguing of the Parliament in a Legal and Formal way was not for want of clear
Hearts to yield much more than the Authority of the Kings Commands who having got notice of it from the Earl of Lindsay wrote down to Scotland peremptorily commanding them to desist from any such pursute if it were begun requiring also his Advocate to appear for them in His Majesties Name if they were pursued The Earl of Lanerick wrote to the King what follows May it please Your Majesty I Shall here Humbly presume to let Your Majesty know that before any of Your Scotish Servants who lately parted with Your Majesty at Oxford Lanâ—rick 's account of Affairs to His Majesty could possibly come hither the Chancellour had made his Report to the Council and Conservatours of the Treaty and Mr. Henderson to the Commissioners of the General Assembly of their Employments to Your Majesty where Your Answers to their Desires were found not satisfactory and thereafter Your Majesties Council Commissioners for the Treaty and Common Burdens having joyned together for giving of Security for such Moneys as should be levyed for the Maintenance of Your Majesties Scotish Army in Ireland they thought fit without admitting of any delay until Your Majesties Pleasure were known to call a Convention of the Estates as their several Acts and Proclamations to that effect here inclosed will more particularly shew Your Majesty And for the present Your Majesties Servants who came lately hither having only met with three or four of those whom Your Majesty appointed them to consult with have thought fit to advise with some others of the same Affection and Forwardness to Your Majesties Service before they presume to give Your Majesty any Advice upon the present Occasions being matters of so great Weight and so highly concerning Your Majesties Service but they have taken the readiest and most speedy Course they can think upon for Meeting and Consulting with them and thereafter are immediately to return hither from whence they will with all diligence offer unto Your Majesty their humble Opinion In the mean time I have dispatched Your Majesties Letters to such Noblemen and Burroughs as Your Majesty was pleased to direct me shewing Your Resolution of preserving here what you have been pleased so Graciously to establish in Church and State not having been able to deliver Your Majesties Letter to Your Council who were dissolved before my coming and my Lord Chancellour is gone out of Town without whose Appointment there can be no extraordinary Meeting so that I believe Your Majesties Gracious Declaration to Your Scotish Subjects cannot be published before that time nor till then can I be able to give Your Majesty any further account of Your Affairs here though in the mean time I shall study to serve Your Majesty faithfully according to the Duty of Your Majesties Most humble and most faithful and most obedient Subject and Servant LANERICK Edinburgh 18th May. 1643. In the end of May there was a Meeting of about thirty Noblemen where these two Questions were proposed The Lords consult what to advise His Majesty First if it were fit for the Kings Service that the Convention should be suffered to hold Next if it held whether those who were well-affected to the Kings Service should fit in it There were three or four Days spent in debating upon these Heads some moved that since by the calling of this Convention the other Party had so far encroached upon the King they should presently break with them this Motion came chiefly from other Lords who would not come to that Meeting But it was answered that the King as he would not give Commissions for raising an Army in England till he knew the Parliament had first done it on their side so it was his positive Pleasure that his Party should not make the first Breach which the King judged so much for his Honour that no Consideration could move him to dispense with it yet these who made that Proposition were desired to lay down ways how it could be made effectual since it was Madness and not Courage to hazard the Ruine of the Kings Service and Friends without at least a likelyhood of being able to carry it through with some Success All things being examined it was concluded that the following Message should be sent to His Majesty which was set down in a Paper dated the 5th of Iune but because of the War in England they committed it verbally to a Trusty Bearer lest it had been intercepted A Convention was indicted by the Chancellour and such others of the Council as have signed His Majesties Letter thereabout with the Advice and Concurrence of the Committees for conserving the Treaty and Common Burdens to be kept at Edinburgh the 22th of June whereby it is conceived His Majesty suffers exceedingly in His Regal Authority in the Calling thereof without his Special Warrant A Proclamation for the Indicting thereof is likewise issued forth in His Majesties Name expressing a danger to Religion His Majesties Person and the Peace of this Kingdom from Papists in Arms in England which in that appears to be contrary to His late Declaration sent to Scotland Hereupon divers Noblemen and Gentlemen well-affected to His Majesties Service met at Edinburgh and after three or four days Debate considering the exigency of Time the present posture of Affairs and the disposition and inclination of the People of this Country did not conceive it fitting that His Majesty should absolutely discharge that Meeting which certainly would be kept notwithstanding of any Discharge from Him which would both bring His Authority in greater Contempt and lose more of the Affections of the People whereby the Power of His Majesties Servants would be lessened but rather that His Majesty should so far take notice of the Illegal Calling thereof and His Own Suffering thereby that the same remaining upon Record may be an evidence to Posterity that this Act of theirs can infer no such Precedent for the like in the future but afterwards His Majesty or His Successors may Legally question the same And that His Majesties Servants here may be better enabled and strengthened with the assistance of others of His Majesties faithful Subjects who truly and really intend nothing but the Security of Religion as it is here established and are altogether averse from and against the Raising of Arms or Bringing over the Scotish Army in Ireland whereby His Majesties Affairs or their own Peace may be disturbed they conceive it fit that His Majesty should permit this Convention to Treat and conclude upon such Particulars as may secure their Fears from any danger of Religion at home without interessing themselves in the Government of the Church of England And in respect that the Two Houses of Parliament have not sent Supplies for Entertaining the Scotish Army in Ireland whereby they may have some colour or ground for recalling them it is conceived necessary that this Convention should have a Power from His Majesty to advise and resolve upon all fair and Legal wayes for Entertaining the
most to conduce to Our Honour and the Good and Advancement of Our Service as you will answer for it to Vs at your peril and for your so doing these shall be your Warrant Given at Our Court at Oxford the 26th of September 1643. With these Publick Letters the King wrote to the Duke Hamilton HAving much to say and little time to write The Kings Letter to the Duke I have commanded this Trusty Bearer to supply the shortness of this Letter which though it be chiefly to give trust to what he shall say to you in my Name yet I cannot but assure you by my own Hand that no ill Offices have had the Power to lessen my Confidence in you or my Estimation of you for you shall find me Your most assured real constant Friend CHARLES R. Oxford 28th September 1643. The Lords whom the King trusted seeing no present help of Men The Kings Affairs in Scotland decline nor relief of Armes like to come from England were like men desperate and some moved desperate Propositions that according to what had been in some former cases practiced in Scotland there should be Orders given out requiring all to kill the chief Leaders of the Church-party where-ever they could find them setting Prices on their Heads and that with such Orders some of the Blanks should be filled up But the Duke opposed this strongly and said he would take it on him without an Instruction to assure them that he knew His Majesty would rather patiently suffer all things than consent to a Course so barbarous and unchristian As for the practices of some former ruder times these were to be no Precedents now Besides if this were done on the one side they might expect the same Orders would be presently issued out against them from the Comittee of Estates which would bring on an unheard-of Butchery and lay all their Throats open to their Servants whereupon it was laid aside only the Proposition with the Precedents is yet extant and they resolved to see what Force they could bring together under the pretence of their Attendants to the Countess of Roxburgh her Funeral which was to be in the beginning of November But there was some Difference about the Methods of carrying on their designs among these Lords and divers others who were called to their Consultations besides those who were particularly trusted by His Majesty Those whose Fortunes were broken were for brisker Courses and those whose Estates were intire and had the most followers thought it fitter to delay an open Breach as long as was possible This diversity of Opinion raised some Animosities and Jealousies among them so that they fell into a mutual distrust neither was Secrecy though not only enjoyned but sworn closely kept for all their Designs broke out and and yet some who were guilty of this were among the busiest to fasten it on the Duke But the Writer designs only an account of his Affairs without reflecting needlesly on others and therefore here he restrains his Pen. So quickly did their closest Secrets fly abroad that when the Duke was returning home from one of their Meetings a Covenanter Lord came from Edinburgh to meet him on his way and told him to a word all had past at their Meeting as that Lord informed the Writer On the 24th of October the Earl of Traquair went to Court A Message sent to Court by the Earl of Traquair whom the Lords that were trusted by the King had carried along with them in all their Counsels though his Name could not be in the Instructions by reason of the Act that was past against him at the former Parliament With him they sent the following Instructions containing the grounds and steps of their whole Procedure which is the fullest and clearest Dispatch was sent this year most of the other Messages being verbal and so will give great light to the rest It is desired it may be represented to His Majesty that now all He expected from our Affection and Industry here is performed this Summer being spent and he having received no other Prejudice from hence than what might rise from words which we did never pretend to prevent being no ways a Party in the Iudicatories To shew our readiness still to venture our Lives and Fortunes in His Majesties Service which we will make good not only by verbal Expressions but real Actions when we shall see the least probability of Success to His Affairs though to our Ruine To represent the Reasons that hitherto we have not been in Action which have been grounded First upon our Desire of Protracting time the chief thing we had Commission to study in which our Endeavours have not been fruitless Secondly that they not His Majesty should be the first Breakers both a pious just and popular Motive and thirdly our expectation of Supplies both of Men Arms Ammunition and Moneys which we were confident should have been provided for us and without which we never conceived our Strength to be considerable To represent that we would immediately draw our selves together into a Body being thereto authorized by His Majesty if we had the least hope of making it considerable and if we had any proportion of Arms or Ammunition a Place of surety for our Rendezvouz and of safety for a Retreat in case of a Misfortune having by divers Messages represented our Wants and pressed for Supplies with the securing of some Places now lost but still without Success without which many who would joyn with us in this Quarrel of serving His Majesty are unwilling to hazard and divers very considerable and most affectionate Noblemen and Gentlemen have declared that for that reason they cannot bring to that Meeting more than their Domestick Servants so that we justly fear we cannot draw together so considerable a Body as could resist much less offend our Enemies and likewise an impossibility for those and other Noblemen and Gentlemen being only so backed and lying at so great a distance one from another and from the Place which of necessity must be appointed for our Rendezvous to joyn with us And considering these necessities we cannot but be the more tender of going unto present Action seeing His Majesty hath so wisely commanded us to weigh the Consequences of angering before he be able to punish and the Prejudices which may thereby arise to His Service wherein we must proceed as we shall be answerable upon our Perils and therefore we dare not presume to advise the present Engaging of His Majesty by drawing our selves into a Body for many would oppose us seeing then we would be esteemed Rebels within this Kingdom that would be unwilling to go into England which probably cannot be done this Winter though we dare give no assurance thereof but do humbly advise that present Preparation be made for the worst and in discharge of our Consciences and Duties to His Majesty we cannot but represent our Fears of the great Disservices He may receive
to give a full and particular Answer to every Branch of them But the more He considers the nature of them together with the high Importance and variety contained therein not without some ambiguity as well in the several Propositions as also in comparing the one with the other so much the more He finds it necessary to desire the help of Explanation Debate and Conference concerning some of them as he touched in His Paper whereby His Vnderstanding may be informed in those things which as yet are not clear to Him His Reason may be more fully convinced and His Conscience so satisfied that without offence to either of them He may make such a particular distinct Answer as may best attain His Desires of satisfying them and though for the present His Majesty at this distance from His Two Houses wants the view of many necessary Papers and other Assistances yet at what disadvantage soever He will apply Himself to give all the satisfaction that is in His power desiring He may not be mis-interpreted in any thing He shall say or omit His Majesties Answer to the first Proposition is That upon His Majesties coming to London He will heartily joyn in all that shall concern the Honour of His two Kingdoms or the Assembly of Estates of Scotland or of the Commissioners or Deputies of either of them and particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same tenderness will look upon those things which concern His Majesties Honour Concerning all the Propositions touching Religion His Majesty says that He has often and solemnly professed His Opinion concerning Episcopacy to which He refers Himself yet considering the present Distractions about Religion which are so great and of that nature that Perswasion as well as Power must be used to restore that happy Tranquillity which the Church of England hath lately and miserably lost for certainly Violence and Persecution never was nor will be found a right way to settle mens Consciences His Majesty proposes that He will confirm the Presbyterian Government for Three Years being the time set down by the Two Houses that is to say that during the said time the Church be governed by Classical and Congregational Elderships National and Provincial Assemblies with their respective Subordinations with such Forbearance to those who through scruple of Conscience cannot in every thing practise according to the said Rules as may consist with the Rule of the Word of God and the Peace of the Kingdom and that the Office of Ruling-Elders the Power of Elderships to suspend from the Sacrament of the Lords Supper ignorant and scandalous Persons be all settled by Act of Parliament for the aforesaid Term as also that the Directory be by the same way authorized for the same time so that His Majesty and His Houshold be not hindred from using that Form of Gods Service which they have formerly done and also that in the mean time and with all convenient speed a Committee be chosen of Both Houses to have a free Consultation and Debate with the Assembly â—f Divines being also willing the said Assembly shall be authorized to sit for the space of the said Three Years twenty more being added of His Majesties Nomination how the Church shall be settled and governed at the end of Three Years or sooner if Differences may be agreed Also it is to be understood that those Committees shall have no Power but of hearing debating and reporting the better to prepare all these Differences for the Determination of His Majesty and the Two Houses To the Seventh and Eighth Propositions His Majesty will consent To the Ninth Proposition His Majesty doubts not but to give good satisfaction when He shall be particularly informed how the said Penalties shall be levyed and disposed To the Tenth His Majesties Answer is That He is and hath been always willing to prevent the Practices of Papists and therefore is content to pass an Act of Parliament for that purpose as also that the Laws against them may be duely executed His Majesty will give His consent to the Act for the strict Observance of the Lords Day for the suppressing of Innovations and those concerning the Preaching of Gods Word and touching Non-residencies and Pluralities And His Majesty will be willing to pass such an Act or Acts as shall be requisite to raise Moneys for the payment and satisfaction of all Publick and past Debts expecting that His also will be therein included As to the Proposition concerning the Militia though His Majesty cannot consent to it in terminis as it is proposed because thereby as He conceives He wholly devests Himself of the Power of the Sword intrusted to Him by God and the Laws of the Land for the Protection and Government of His People and placeth the same in effect for ever in the Two Houses of Parliament thereby at once disinheriting His Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weakening Monarchy in this Kingdom that little more than the Name and Shadow of it will remain yet if it be only Security for the preservation of the Peace of this Kingdom after these unhappy Troubles and the due performance of all the Agreements that now are to be concluded which is desired which His Majesty always understood to be the case and hopes that â—erein He is not mistaken His Majesty will give abundant Satisfaction to which end He will consent by Act of Parliament That the whole Power of the Militia both by Sea and Land be in the Two Houses for the space of Ten Years and afterwards to return to its proper channel again as it was in the time of Queen Elizabeth and King James of blessed Memory And now His Majesty conjures His Two Houses of Parliament as they are English-men Christians and Lovers of Peace by the Duty which they owe to Him their King and by the bowels of Compassion which they have to their Fellow-Subjects that they will accept of these His Majesties Ofâ—ers whereby the joyful News of Peace may be again restored to this languishing Kingdom His Majesty will grant the same to the Kingdom of Scotland if it be desired touching the conservation of the Peace betwixt His two Kingdoms Touching Ireland His Majesty will give full satisfaction as to the managing of War and for Religion as in England Touching the mutual Declaration proposed to be established in both Kingdoms by Act of Parliament and the Qualifications Mollifications and Branches which follow in the Propositions His Majesty truly professes that He does not sufficiently understand divers things contained therein but this He sufficiently knows that a General Act of Oblivion is the best Bond of Peace and that after intestine Troubles the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons with none or very few Exceptions whereby the numerous Discontentments of
both that they should have some honest Noblemen Commissioners here to reside at Edinburgh and that we shall have some at London that by Commutation of Counsels our Common Peace may be the better settled and continued You shall try if the Treaty betwixt the Kings Majesty and the Two Houses of Parliament be like to take effect and shall study to preserve the Interest of this Kingdom in the matter of the settling of the Peace of these Kingdoms and if you shall find there are real Grounds to hope an Agreement betwixt the King and the Two Houses in respect both Kingdomes are engaged in the same Cause and Covenant and have been and still are under the same Dangers and to the end our Peace may be more durable you shall endeavour that before any Agreement of Peace be made we may be first acquainted therewith An. 1649. that we may send up Commissions in relation to the Treaty with the King upon the Propositions and in relation to mutual Advice for the settling of the Peace of these Kingdomes and accordingly as you find the Two Houses inclined therein you shall give us Advertisement You shall according as upon the place it shall be found expedient present the same Desires to the Two Houses of Parliament in name of this Kingdome touching the Work of Reformation as shall be presented to them from this Kirk You shall assist Mr. Blair in this Imployment and take his advice and assistance in yours and give us Advertisement weekly how all matters goe You shall publish all Papers either concerning the Proceedings of the Church or of the Protesters which are necessary to be known You shall endeavour to keep a good Vnderstanding betwixt us and the City and the Assembly of Divines and strive to remove all Iealousies betwixt us and them or betwixt honest men amongst themselves You shall endeavour that honest men who have suffered for opposing the Engagement be not prejudiced but furthered in payment of the Sumes assigned unto them before the Engagement out of the two hundred thousand pound Sterling and Brotherly Assistance for publick Debts or Losses You shall acquaint the Speakers of both Houses with his Majesties Letter to this Committee and our Answer sent to Him You shall desire that the Noblemen and Gentlemen of Quality and considerable Officers of the Army that went into England under the Duke of Hamilton and which are now there Prisoners may be kept as Pledges of the Peace of the Kingdomes especially to prevent a new Disturbance in this Kingdome or Trouble from this Kingdome to England until the Peace of both be settled You shall acquaint the Two Houses with our Answer to that of L. General Cromwell 's of the sixth of this Instant and make use of the Grounds therein mentioned as you shall find occasion Their next Care was to look well to Lanerick Lanerick appointed to be secured but escapes to Holland and the other Engagers lest they should attempt somewhat against them the account of which shall be set down in a Letter Lanerick wrote to the Lord Chancellour when he left Scotland For in the end of Ianuary the Earl of Lauderdale came from Holland being commanded by the Prince to see what might be done there but he found all so discouraged and overpowered that no good was to be expected and he got advertisement from the Lord Balmerino that they designed to secure both Lanerick and himselfe and as he believed would deliver them up to the Parliament of England as Incendiaries whereupon they both resolved to go beyond Sea in the same Ship in which Lauderdale came and to offer their Service to the Prince The Letter follows My Lord ALbeit the Proceedings of the late Committee constituted of Dissenters against me was without president in Confining me a free Subject who was neither Guilty nor so much as accused of any Guilt or Breach of the Laws of the Kingdome for declining to sign a Declaration and Bond which even they themselves conceived in Iustice they could not enjoyn me to sign yet I did submit and went not without the Bounds limited for my Confinement until I was certainly informed that upon Wednesday last at a private and select Committee it was resolved I should instantly be Committed and the little Liberty left me taken from me for it seems that these private persons I speak not of Iudicatories who procured the severe Instructions given those employed to London against my Brother the Duke of Hamilton and the many Noble and Gallant Persons who are now in Bonds with him for their Loyal Endeavours to have rescued His Majesty from being murthered are not satisfied or think themselves secure while any enjoy their Liberties who would have been Instruments in that pious Duty to our Sovereign therefore I am forced to seek shelter and protection abroad since Innocency and Law and even Treaties and Publick Engagements prove now too weak Grounds for securing me at home And though this rigid and unparalellâ—d Procedure against me might have tempted the dullest and calmest nature to some Desperation yet I have still preferred the Peace and Quiet of Scotland to all my own Interests and I do ingeniously declare upon my Honour unto your Lordship that I neither have had neither do I know of any Design from abroad or at home of interrupting the same and now in whatsoever corner of the World it shall please the Lord to throw me as I shall endeavour by his assistance to maintain my Loyalty to my Prince untainted so I shall still preserve a perfect affection to the Peace and Happiness of my Country My prayers to God shall be that it may yet be instrumental of advancing the Work of Reformation and so fixing the Crowns of these Kingdomes upon the Head of our Soveraign Lord the King and of His Royal Progeny after Him that Faction and Rebellion may never be able to shake or interrupt their Government that Loyalty may lose the name of Malignancy and a good Christian may with Safety and without Scandal be and profess to be a good Subject that the Acts of unquestionable Parliaments and the Decrees of other Sovereign Iudicatories of this Kingdom may be Security sufficient to the Subjects to govern their Civil Actions by that they may be free of arbitrary Exactions and Impositions and may enjoy with Truth and Peace their Estates and Liberties without the tyrannous Encroachments of great men and other impowered persons and I am confident that the God of Heaven who will Iudge all the Iudges on earth will avenge the wrongs of the oppressed and in his own time restore me again to my Country who am now forced by unjust Persecution to flee from it This I shall patiently wait for and give your Lordship no more Trouble but desire you to make what use of this you think fit from My Lord Your Lordships most humble Servant LANERICK Dirleton 25th January 1649. But now I return to prosecute what remains to
the negative Answer to them That this was about five in the Morning and that Wayte and he went apart of the way towards the place of Treaty where he heard the Articles were concluded Lilburn was next examined who deposed That the Articles were signed by himself and the other Treaties about five in the morning and were to be ratified by the Duke and Lambert and that his own meaning of Preserving the Dukes Life he knew not how the rest meant was only to preserve him from the violence of the Souldiers and not from the Justice of the Parliament At this Peters rose up expressing great dislike of Lilburn's Gloss saying that much tenderness was to be used where the Life of so eminent a person was concerned That he had seen many Articles of War but had never heard of such ambiguity and that it was clear by those Articles the Duke held his Life secured as well from the Parliament as the Souldiers and wished to God that if their Commissioners had meant otherwise it had been so expressed in the Articles it being most necessary that Articles were in a concernment of Life The President answered You say well for the future but it is now too late His Grace resumed what had been said and spoke much on the Articles for weakening Lilburn's Gloss. The Duke is falsly accused by the Governour of Windsor-Castle Next the Governour and Marshall of Windsor were examined about his Escape from Windsor-Castle the Governour deposed that the Duke said to him he needed not fear his Escape he would be a true Prisoner and not go away though the Gates were opened The Marshall said he only heard this from the Governour The Duke expressed a deep râ—sentment of this Injury done him by the Governour who wounded his Honour so much which he valued above all earthly things and did shew how unlike it was that any such thing was either demanded or granted since that is only done for a little more Liberty whereas he was all the while kept under strict Guards nor had he the liberty of walking in the Park but was always guarded by two Keepers the one lying all night in the Room next him and the other every night locking the Door and carrying the Key with him That the Governours Testimony in this matter was not to be received he being a Party and now in hazard for his negligence for he was told that if he escaped he should die for it adding that if he were not a Prisoner he would desire right of the Governour for that Scandal cast on him and choose no other place for it but Westminster-Hall But to all this the Governour made no Reply only the President said that though he could not blame the Earl of Cambridge for what he said yet for all that the Governour was not to be discredited The Duke pleads for himself from the Articles granted him After this the Duke spake a little to all the three Branches of his Plea reserving the fuller enlarging upon them to his Counsel He insisted most on the Articles which he doubted not were sufficient to protect him he desired them to consider how Sacred Articles of War were reputed in all Places and among all Nations and how inviolably they were kept all Princes and States being most careful to observe them not only to Strangers but to Subjects having great regard to Articles though only for Quarter much more when there was a Capitulation for Life adding the following Instances Elisha the Prophet would not suffer the King of Israel to kill the Syrian Captains saying Wouldst thou smite those whom thou hast taken Captive with thy Sword and thy Bow The Blood of Abner lay on Ioab's head who killed one that had the Kings Safe-conduct The Gibeonites also though they used Ioshua deceitfully yet were preserved according to the Articles given them and not only Saul's House but the whole Land suffered for the violation of them That Prince Robert and the Lord Cottington though excepted from Life or Pardon by Act of Parliament were notwithstanding that upon the Articles of the Rendition of Oxford permitted to go beyond Sea and never questioned for Life and the like Justice was done the Earl of Bristol and the Lord Paulet upon the Articles of the Surrender of Exeter though both were excepted from Pardon and that the Lord Fairfax and the Officers of the Army were most careful to see Articles always kept in which they judged theiâ— Honour deeply concerned and had often written to the Parliament to that end therefore he did not doubt the like Justice would be done him By this time it was late and the President appointed Monday next for the Duke to finish his Plea in matter of Fact ordering his Counsel to be in the Court for their better Information and so they adjourned Monday the 19th the Duke and his Counsel were brought to the Bar. The sixth Appearance Collonel Wayte was examined who deposed that the Duke rendred himself to be the Lord Gray's Prisoner and desired Wayte to protect him from the Multitude who thereupon left a Guard at his going away But during his Deposition Peters said he lies he lies and Peters Spencer and other Officers who were with Wayte at Vtoxater being examined did totally falsifie his Deposition Divers were also that day examined about the place of the Duke's Birth who all swore they heard it always said that he was born at Hamilton and that it was not a thing to be doubted of others were examined about the Signing of the Articles who all Witnessed that they were signed long before the Lord Gray came and Major Blackmore deponed that the Duke's being the Lord Gray's Prisoner was by an Agreement betwixt him and Lambert whose occasions pressed him to go suddenly North-ward After this the Duke spake a little to shew how little weight was to be laid on Wayt's Testimony which was so evidently disproved Next his Counsel asked the Courts Directions how they should proceed and the Court answered that after the matter of Fact was handled they might plead in Law upon all the parts of the Plea and they told the Duke by the next Wednesday to finish his Evidence He desired a Warrant for bringing some Gentlemen then Prisoners in White-hall who were his material Witnesses but the Court adjourned and promised to consider of that Motion in the Painted Chamber yet they granted it not Wednesday the 21st the Court sate The seventh Appearance and the Duke was brought to the Bar. Some were interrogated about the time of his Birth to prove him post-natus but it was not proved one person only swearing that he heard him say he was some years younger than the King Evidence was also brought of his Conjunction with Langdale which they accounted Treason yet even that was not clearly proved though it was much laboured Some Letters of his to Langdale had been taken and were brought into Court but as the Letters proved
his Majesties Service to these most obliging Commands yet being disabled by the Wound he got he was forced to retire to the Town And taken The total routing of the Army quickly followed and by the taking of Worcester that night he fell into the Enemies hands When he came to his Lodgings his Wound was searched by the Kings Surgeon Mr. Kincaid who found that by a slug-shot the Bone of his Leg a little below the Joynt was crushed and so broken that many Splinters with the Bullet were taken out at first dressing and many more fragments were at several other dressings separated from the Bone and the Surgeon told him the only way to save his Life was to lose his Leg. But Trappam Cromwel's Surgeon being sent by him to wait on the Duke assured him there was no hazard Two days after the Duke was wounded the Kings Physitian Sir Robert Cunningham being found out among the Prisoners was brought to him who found he had lost much blood by his Wound and therefore opened a vein in his Arm which diverted the Course of the Blood Then the Duke asked his opinion about him who told him plainly there was no hope of saving his Life but by cutting off his Leg and if that were done some hopes remained but Trappam having assured him there was no hazard he was not willing to submit to so severe a Sentence till he were further satisfied of its being absolutely necessary therefore he sent to London for Mr. Dickson who was an expert Surgeon in whom he had great Confidence and he came to him with all possible haste but it was too late for the Dukes Strength and Spirits were so wasted that they durst not adventure on the Operation During these few days of the Dukes Life he expressed great Composure of mind and a chearful willingness to welcome his approaching End which drew on a-pace nor shewed he anxiety or concern in any thing but his Majesties Preservation for which as he prayed constantly so he still enquired News concerning him and blessed God that he heard none judging from that that he was safe and had escaped On the 8th of September finding his Strength failing him and looking on himself as a dead man he sent his last thoughts to his Lady and Neeces in the following Letter written with his own Hand Dear Heart YOV know I have been long labouring though in great weakness to be prepared against this expected Change He writes to his Lady and I thank my God I find Comfort in it in this my day of Tryal for my Body is not more weakned by my Wounds then I find my Spirit Comforted and Supported by the infinite Mercies and great Love of my Blessed Redeemer who will be with me to the end and in the end I am not able to say much more to you the Lord preserve you under your Tryals and sanctifie the use of them to the Comfort of your Soul I will not so much as in a Letter divide my dear Neeces and you the Lord grant you may be constant Comforts to one another in this Life and send you all Eternal Happiness with your Saviour in the Life to come to both of your Cares I recommend my poor Children let your great Work be to make them early accquainted with God and their Duties to him and though they may suffer many wants here before their Removal from hence yet they will find an inexhaustible Treasure in the Love of Christ. May the Comforts of the Blessed Spirit be ever near you in all your Straits and Difficulties and suffer not the least repining to enter into any of your Hearts for his Dispensations towards me for his Mercies have been infinitely above his Iustice in the whole Pilgrimage of Dear Heart Your Own HAMILTON Worcester Sept. 8. 1651. His Death ON the 11th of September the Dukes Pulse failed quite which he discerned first himself and called for his Physician to whom he said he felt no pain nor sickness but could not discern his Pulse to move and no more did his Physician but imputing it to malignant vapors rising from his Wound he gave him some Cordials which made no Change upon him and then his Spirits quitting all their Natural operations retired to his Brain and his Intellectual Faculties his Memory Reason and Expression continued in their vigor for the space of twelve hours after that his Voice was likewise entire and strong The total cessation of the Arterial Motion together with a Marmoreous coldness that was creeping up by degrees from all his extremities made his Physician warn him that Death was approaching the Duke answered that from the beginning he apprehended his Wound would prove Mortal but he could not think Death was so near him since he found neither sickness pain fainting nor oppression trouble him He had been during his Sickness oft waited on both by the Ministers of Worcester and the Ministers who waited on the Kings Army whom he called for and as they Prayed and ministred Divine Consolations to him so they were much comforted and edified with the Christian Courage and Joy he exprest in these his last and closest Conflicts From six in the morning on the 12th of September he lay quiet speaking little but was observed all the while by these who looked often to see what he was doing that he was well imployed in mental Prayer and devout Ejaculations About nine a Clock being asked by his Physician how he was he answered his Heart was free of Sickness but added That he should tell his Relations in Scotland that he died believing that through the Merits of the Mediator the Lord Iesus Câ—rist the Lord his Righteousness and through the infinite Mercies of his God it should fare with him as with the idle Labourers in the Parable of the Vineyard who went in at the 11th hour and yet received the peny so he believed that though in the last hour of the day he had entred into his Masters Service yet he should receive his peny From that time he lay quiet and about twelve a Clock after three groans without any other struggling or passion of Death he breathed out his Soul and his Body was interred in the Cathedral Church of Worcester An. 1651. for though according to his Orders for burying him with his Ancestors at Hamilton his Servants did move earnestly that they might have leave to carry his Body to Scotland yet it was flatly denied When the news of his Death was carried to Scotland his Will was opened which follows In the Name of God Amen I William Duke of Hamilton c. being I thank God in perfect Health yet considering the uncertainty thereof and the many Dangers that all men are subject to and few more than my self am desirous to leave my Worldly Affairs at the time of my Death in the best order I can as it shall please the Lord to direct me to whose Providence and Dispensation I humbly and