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
returned into Scotland the Duke of Castle-herald had again great advantages if any such desire of Power had governed him for the Reformation had then prevailed in Scotland and he and all his Family except his youngest Son Lord Claud from whom descended the Earls of Abercorn were Protestants so that to have put himself at the head of that was the likeliest way to have advanced his own Designs but it appeared that he and his Sons embraced the Religion not for Faction but out of Conscience for he continued true and faithful to the Queen to the last of which She was so sensible that beside many Publick Testimonies of Her confidence in them such as the naming the Duke of Castle-herald her Adopted Father and calling him still by that Name and the referring Her whole Concerns when She was a Prisoner in England to his Care when that severe and unparalelled sentence of Death was to be executed on Her She took a Ring off Her finger and gave it to one of Her Servants and ordered him to carry it to Her Cousin Lord John Hamilton who then represented his Father that was dead his elder Brother being sick of a Frenzy and tell him that that was all She then had to witness her great sense of his and his Families constant Fidelity to Her and of their suffering for Her Interests and desired that it might be still kept in the Family as a lasting Evidence of Her kindness to it which is preserved to this day Nor was tâ—eir Duty to the Crown at that time easie or cheap to them for the contrary Faction designed to root them out of Scotland and therefore in one of their Mock-Parliaments their Blood was attainted and their Estates and Honours were afterwards given to other Persons and they were forced to seek shelter in England and France till King James came to Govern by his own Counsâ—ls then being also pressed to it by the Intercession of Queen Elizabeth He restored them to their Honours and Estates and created Lord John Hamilton Marquis of Hamilton who was Grand-Father to tâ—e two Dukes whose MEMOIRES I now publish King James did also treat him with the same respect that the Queen his Mother had done the Duke of Castle-herald and called him always Father and wrote to him often with the greatest Freedom and Familiarity that was possible and when that King went to Denmark to bring home His Queen He named him Lord Lieutenant of the South of Scotland and left for him a Letter yet extant full of great Esteem and Kindness to which He added this Postscript with his own Hand MY LORD if my constant Trust had not been in you of your great Love towards me I had not thus employed you upon such an occasion therefore I assure my self you will not frustrate my Expectation He also called him to Christen one of his Children and continued to the last to put great Confidence in him That Lord did indeed deserve to be so used by him for as he had with an invincible Patience and Loyalty submitted to the hard Vsage â—e met with during that King's Childhood and for some years after so he made no Stirs nor Disturbance but that little that was at Sterlin An. 1585. so that when he was admitted to the King's presence the King said to him My Lord I did never see you before and must confess that of all this Company you have been most wronged you were a faithful Servant to the Queen my Mother in my Minority and wâ—en I understood not as I do the estate of things hardly used And though he was frequently invited by the Violent Church-party to head them in their Mutinous Courses yet he would never engage in it And when that old Lord was dying as he was giving his Blessing to his Son and reckoning up the most signal Favours of God to him he named three more particularly The first was That during all his Troubles and notwithstanding the great Offers were made him in France by the House of Guise if he would change his Religion yet God had never left him to do so base a thing though he lost his Interest in that Court by refusing it The other was that he had never oppressed any of his Vassals and Tenants And the third was that he had never entertained one thought contrary to the Duty he owed the Crown and that no hard Vsage â—e met with had ever prevailed on him to any such Design and therefore charged his Son on his Blessing to continue in the same Courses All this I thought needful to be said for the Honour of that Family because Buchanan studied with much Art and Industry to cast an eternal Disgrace upon it For as he from being a great Flatterer of Mary Queen of Scotland which may be seen in his Dedication of his Incomparable Paraphrase of the Psalmes to Her became Her mortal Enemy and partly by Lies partly by his cruel aggravating of some unjustifiable things has written the History of Her Reign with so much Malice that his Work stands condemned as a base Libel by an Act of Parliament in Scotland so being provoked by an Injury which a Servant of the Duke of Castle-herald's youngest Son did him of which he thought he got not sufficient Reparation and carrying a spite to them because they adhered to the Queen's Interests he wrote of that Family with the most impudent and virulent Malice that was possible And his admirable stile of Latine in which he is inferiour to none that wrote since the days of Augustus has made all Forreigners take their Informations wholly from him and the Collectors of the General History of that Age do for the most part draw all the Account they give of Scotish Affairs out of him by which that Family hath suffered much in the opinions of Forreign Nations so dangerous it is to provoke one that has much Malice and can write â— History so that it shall take with the World But that Writer contradicts himself so often in what he says of that Family that small regard is to be had to it And Lesly Bishop of Ross Privy-Counsellour to Mary Queen of Scotland who wrote the History of that time and bore no great good will to the Duke of Castle-herald and his Children for being such Promoters of the Reformation speaks always of them with a great deal of Honour and Iustice. For the Father of those Dukes he was as Archbishop Spotswood truly calls him a Nobleman of rare gifts and fitted for the greatest Affairs and was most Vniversally beloved by all his Countrymen he was a very Graceful and Gallant Person and of a most agreeable Conversation and â—ery obliging and so did recommend himself to all sorts of Persons King James finding him excellently qualified brougâ—t him to Court where he made a great Figure the rest of his Life All these things concurred to make me very desirous to see whether the late Dukes had continued in those
recommendation they were also upon all Affairs nine of them were Privy Counsellours divers of them were of the Exchequer Spottiswood Archbishop of S. Andrews was made Chancellour and Maxwell Bishop of Ross was fair for the Treasury and engaged in a high rivalry with the Earl of Traquair then Treasurer which tended not a little to help forward their Ruine And besides this they began to pretend highly to the Tithes and Impropriations and had gotten one Learmonth a Minister presented Abbot of Lindoris and seemed confident to get that State of Abbots with all the Revenue and Power belonging to it again restored into the hands of Churchmen designing also that according to the first Institution of the Colledge of Justice the half of them should be Churchmen This could not but touch many of the Nobility in the quick who were too large sharers in the Patrimony of the Church not to be very sensible of it They were no less hateful to the Ministry because of their Pride which was cried out upon as unsupportable Their Presbyters dislike them Great complaints were also generally made of Simoniacal pactions with their Servants which was imputed to the Masters as if it had been for their advantage at least by their allowance They also exacted a new Oath of Intrants besides what was in the Act of Parliament for obedience to their Ordinary in which they were obliged to obey the Articles of Perth and submit to the Liturgy and Canons They were also making daily Inroads upon their Jurisdiction of which the Ministers were very sensible and universally their great rigour against any that favoured of Puritanism together with their medling in all Secular Affairs and relinquishing their Dioceses to wait on the Court and Council made them the object of all mens fury The Liturgy is appointed for Scotland But that which heightned all to a Crisis was their advising the King to introduce some Innovations in the Church by his own Authority things had prospered so ill in General Assemblies that they thought of these no more And in the Parliament 1633. that small addition to the Prerogative that the King might appoint what Habits he pleased to the Clergy met vigorous opposition notwithstanding the King seemed much concerned for it those who opposed it being sharply taken up and much neglected by His Majesty which stuck deep in their hearts the Bishops bearing all the blame of it At this time a Liturgy was drawn for Scotland or rather the English reprinted with that Title save that it had some Alterations which rendred it more invidious and less satisfactory and after long consulting about it and another Book of Canons they were at length agreed to that the one should be the form of the Scotsh Worship and the other the Model of their Government which did totally vary from their former Practices and Constitutions and as if all things had conspired to carry on their Ruine the Bishops not satisfied with the general High Commission Court produced Warrants from the King for setting up such Commissions in their several Dioceses in which with other Assessors Ministers and Gentlemen all of their own nomination they might punish offenders That was put in practice onely by the Bishop of Galloway who though he was a pious and learned man yet was fiery and passionate and went so roundly to work that it was cried out upon as a yoke and bondage which the Nation was not able to bear And after all this the King advised by the Bishops commanded the Service-book to be received through Scotland and to be read according to the new book at Edinburgh on Easter-day in the year 1637. yet by the Council it was delayed till the 23th of Iuly A Tumult at reading Divine Service but then it met with a tumult from Women and the meaner sort of people whom though none owned in that Attempt yet there wanted not enough who suspected them to have been set on by others However certain it was that the constant Discourse of the discontented Ministers and Noblemen was that Popery was to be introduced and Liberties like to be destroyed and the Bishops to blame for all By such Insinuations it was that the People were animated unto an unparallelled Fury so that they threw Stools at the Dean of Edinburgh when he begun to read the Service and interrupted it often notwithstanding all the means used by the Lords of Council and Magistrates of Edinburgh to hinder it The Lords of Council as they complained to the King of this Disorder so they spared not to lay the greatest blame of it upon the Bishops which appears from the following Letter written by the Earl of Traquair to the Marquis My Noble Lord AT the meeting of the Council here at Edinburgh the 23th of this instant Traquair 's Letter about the occasion of the Troubles we found so much appearance of Trouble and Stir like to be amongst people of all qualities and degrees upon the urging of this new Service-book that we durst no longer forbear to acquaint His Majesty therewith and humbly to represent both our Fears and our opinions how to prevent the Danger at least our opinions of the way we would wish His Majesty should keep therein or before he determine what course to take for pacifying of the present Stir or establishing of the Service-book hereafter wherein all I will presume to adde to what the Council hath written is to intreat your Lordship to recommend to His Majesty that if he be pleased to call to himself any of the Clergie he would make choice of some of them of the wisest and most calm Dispositions for certainly some of the leading men amongst them are so violent and forward and many times without ground or true judgment that their want of right understanding how to compass business of this nature and weight does often breed us many difficulties and their rash and foolish Expressions and sometimes Attempts both in private and publick have bred such a Fear and Iealousie in the hearts of many that I am confident if His Majesty were rightly informed thereof he would blame them and justly think that from this and the like proceedings arises the ground of many Mistakes amongst us They complain that the former Ages have taken from them many of their Rents have robb'd them of their Power and Iurisdiction and even in the Church it self and Form of Gods Worship have brought in some things that require Reformation but as the deeds of these Times at least the beginnings thereof were full of notour and tumultuary disorder so shall I never think it will prove for the good either of Gods Service or the Kings by the same ways or manner of dealing to press to rectifie what was then done amiss We have a wise and judicious Master who will nor can urge nothing in this poor Kingdom which may not be brought to pass to his contentment and I am most confident if he shall
be graciously pleased to hear his faithful Servants inform him of the Truth he shall direct that which is just and right and with the same assurance I dare promise him Obedience The interest your Lordship has in this poor Kingdom but more particularly the Duty you owe to His Majesty and the true respect I know you have ever carried to His Majesties Honour and the good of his Service makes me thus bold to acquaint your Lordship with this business which in good faith is by the folly and misgovernment of some of our Clergie-men come to that height that the like has not been seen in this Kingdom of a long time But I hope your Lordship will take in good part my true meaning and ever construct favourably the actions of Your loving faithful Friend and humble Servant TRAQVAIR Edinburgh Aug. 27. After all inquiry was made it did not at all appear that any above the meaner sort were accessory to that Tumult the sequel whereof in the Afternoon had almost been Tragical not onely to the Bishop of Edinburgh but to the Earl of Roxburgh for having him in his Coach But His Majesty though he was willing to be gentle to the Transgressours yet continued firm to his former Resolutions of having the Liturgy and Book of Canons established In October thereafter a new Tumult fell out in Edinburgh against the Earl of Traquair and some of the Bishops whom the People in their fury went about to have killed upon which by Proclamation the Council and Session and other Courts were removed from Edinburgh Hereupon the Earl of Roxburgh who was then Lord Privy-Seal went to Court to give the King an account of Affairs for all this time divers had petitioned the Council against these Books complaining they were contrary to Religion in the matter of them and the Laws of the Land in the manner of bringing them in but all he could procure was a Pardon for what was past to such as should thenceforth live quietly and that was proclaimed in December but was far from giving satisfaction for by this time the Malecontents were become considerable and had formed themselves into a Body It was also studiously infused in the minds of all through Scotland that the Bishops were introducing Popery that many points of Popery were in these Books and that the whole of them was both superstitious and illegal This took mightily with the Vulgar and the malecontented Ministers began every-where to talk high in their Pulpits against the Bishops they also formed themselves into a Body called the Table where there were Deputies from the Shires and Burroughs and a great many Noblemen and Ministers That which they pretended was the Security of Religion They pretend the Security of Religion and swear the Covenant with the preserving the Fundamental Laws and Liberties of the Land the Honour of the King and the defence of his Authority and for this end it was judged fit and necessary to renew the Covenant made in King Iames his time against Popery and signed by that King with his Council and Family which according to the new draught was made up first of King Iames his Covenant next of a long Narrative of all Acts of Parliament whereby the Reformed Religion was ratified thirdly of an Addition wherein the late Innovations were sworn against till they were judged in a free General Assembly and declared also to be abjured in the old Covenant as formally as if they had been expresly named in it and all ended with a Bond of Defence for adhering to one another in pursuing the ends of the Covenant This was no sooner moved but the advice took as if it had been an Oracle so the Covenant was sworn first at Edinburgh in the moneth of February and then sent every-where through the Country to get the example of those in Edinburgh imitated which was accordingly done not without great appearances of Devotion among all sorts of People they pretending it was nothing but the preservation and purity of Religion they aimed at For the Covenant I judge it needless to insert it here both because of its length and that it is in the large Manifesto of the Affairs of this year published in His Majesties Name and therefore that Book being both common and of great Authority I do not insert Papers at their length that are to be found there and shall onely adde that the Originals and other authentick Justifications of that Declaration are in my hands The Session or Term was held that Winter at Sterlin but the Council sate often at Dalkeith within four miles of Edinburgh which being then so full of People it was not judged fit for the Council to withdraw too far from it Petitions were often offered to the Council encouraged from the Table full of Complaints against the Bishops and the late Innovations but they were as often rejected Upon this the Earl of Traquair went to Court and gave a full account both of the Petitions the Humours and the Strength of the Malecontents and that all was occasioned by the Bishops misgovernment and by the introducing the lately-authorized Books with which scarce a Member of the Council the Bishops onely excepted was well satisfied neither were all these cordially for them for the Archbishop of S. Andrews from the beginning had withstood these designs foreseeing how full of danger the executing of them might prove The Archbishop of Glasgow was worse pleased but the Bishops of Ross Dumblane Brechin and Galloway were the great Advancers of them Traquair represented also that the Body of all Scotland was staggering if not wholly alienated from their Duty to the King and that nothing could recover them out of this distemper but assurances of His Majesties affection to the Protestant Religion and of his aversion from Popery together with the laying aside of these Books at least till better Times At this time also the Covenanting Lords wrote to the Duke of Lenox the Marquis of Hamilton and the Earl of Morton who were then at Court representing their Grievances and desiring they would offer their Petition to His Majesty which was humble enough though full of Complaints against these Books desiring they might be heard to object against them offering under the highest pains to prove they contained things both contrary to Religion and the Laws of the Land But all the Earl of Traquair said was suspected his prejudices against the Bishops being known The opposition he had made the Bishops had rendered him hitherto very Popular in Scotland and there want not grounds to suspect him a secret worker in this opposition to these Books though he seems to have been far from cherishing any further designs All he could procure from the King was a Proclamation The King proclaims his firmness to the Protestant Re-Religion Giving assurance of His Majesties firmness to the Protestant Religion and that great care was used in drawing the Liturgie so that not onely it was not
in force if they were revived and by His Majesties Authority appointed to be keeped at the ordinary times and if one at His Majesties first opportunity and so soon as may be conveniently should be indicted Kirkmen might be tried in their Life Office or Benefice and keeped in order without trouble to His Majesty and without offence to the People the present Evils might be speedily helped to His Majesties great honour and content and to the preservation of the Peace of the Kirk and these courses might be stopped afterwards and on the contrary while Kirkmen escape their due Censure and matters of the Worship of God are imposed without the consent of the free Assemblies of the Kirk they will ever be suspected to be unsound and corrupt as shunning to be tried by the Light to the continual entertaining of heart-burnings amongst the People and to the hindrance of that chearfulness of obedience which is due and from our Hearts we wish may be rendred to the Kings Majesty If according to the Law of Nature and Nations to the Custom of all other Kingdoms and the laudable example of His Majesties worthy Progenitors in the like cases of National Grievances or of Commotions and Fears of a whole body of a Kingdom His Majesty should be graciously pleased to call a Parliament for the timeous hearing and redressing of the just Grievances of the Subjects for removing of their common Fears and for renewing and establishing such Laws as in time coming may prevent the one and the other and may serve to the good of the Kirk and the Kingdom that the Peace of both might be firmly settled and mens minds now so awakened might be easily pacified and all our Tongues and Pens are not able to represent what would be the joyful Acclamations and hearty Wishes of so loyal and loving a People for His Majesties Happiness and how heartily bent all sorts would be found to bestow their Fortunes and Lives in His Majesties Service The more particular Notes of all things expedient for the well of the Kirk and Kingdom for His Majesties honour and satisfaction and for extinguishing of the present Combustion may be given in to be considered in the Assembly and Parliament Those Bishops who stayed in Scotland sent up also one Learmonth to the Archbishop of Saint Andrews then at London with their Complaints and Grievances which are also set down according to the Original ARTICLES of Information to Mr. Andrew Learmonth for my Lord Archbishop of Saint Andrews the Bishop of Ross c. and in their absence for my Lord Archbishop of Canterbury his Grace YOu shall show their Lordships How they have changed the Moderator of the Presbytery of Edinburgh The Complaints of the Clergy and are going on in changing all the Moderators in the Kingdom How they have abused Doctor Ogstone the ninth of May in Edinburgh Mr. George Hannay at Torphichen the sixth of May Doctor Lamond at Markinch the ninth of May Mr. Robert Edward at Kirkmichael whom Kilkerrin is forced to entertain at his own House That the Presbytery of Hadingtown have given Imposition of Hands to Mr. John Ker's Son to be his Collegue without the knowledge of the Bishop and likewise the Presbytery of Kircaldy to Mr. John Gillespy's Son to the Church of the Weemes and the Presbytery of Dumfrice to one Mr. John Wier to the Church of Morton within two miles of Drumlanerick and that they of Dumfermline have admitted Mr. Samuel Row a Minister banished from Ireland to be helper to Mr. Henry Mackgill and they of Air Mr. Robert Blair to be helper to Mr. William Annand and that the Town of Dumfrice have made choice of Mr. James Hamilton to be their Minister and the Town of Kirkudbright one Mr. John Macklennan all of them banished from Ireland and Mr. Samuel Rutherford is returned and settled in his Place and they intend to depose Mr. John Trotter Minister at Dirleuton and how they intended to use the Regents That the Council of Edinburgh have made choice of Mr. Alexander Henderson to be helper to Mr. Andrew Ramsay and intend to admit him without advice or consent of the Bishop That the Ministers of Edinburgh who have not subscribed the Covenant are daily reviled and cursed to their Faces and their Stipends are withheld and not payed and that all Ministers who have not subscribed are in the same case and condition with them That they hound out rascally Commons on men who have not subscribed the Covenant as Mr. Samuel Cockburn did one John Shaw at Leith That His Majesty would be pleased by his Letters to discharge the Bishop of Edinburgh to pay any Prebend-fee to those who have subscribed the Covenant as also by His Royal Letters to discharge the Lords of Session to grant any Process against the Bishop for their Fees That His Majesty would be pleased in the Articles of Agreement with the Nobility to see honest men who shall happen in this tumultuous time to be deposed from their Places restored and settled in them and others that are violently thrust in removed and that the wrongs done to them be repaired That if it shall happen His Majesty to take any violent course for repressing these Tumults and Disorders which God forbid that in that case their Lordships would be pleased to supplicate His Majesty that some speedy course may be taken for securing of the persons of these honest men who stand for God and His Majesty Signed Da. Edin Ja. Dumblanen Ja. Lismoren Ja. Hannay Da. Michell Da. Fletcher The King resolves to gain his Subjects by redressing their Grievances All these matters being considered though there were grounds enough to have provoked a less Gracious Prince to have proceeded against the Covenanters by the extreme course of Rigour and Authority and there were some who advised him to it yet such was his innate love to that His Ancient and Native Kingdom that he resolved to leave no mean unessayed before he should proceed to a Rupture with them He also well foresaw that it would not prove so easie a Work as some would have perswaded him the greatest part on the South of Tay being confederate and resolved to stand to their Defence at all hazards neither was England too well fixed in their obedience as the following Wars did sadly prove and so there were small grounds to expect any heartiness from them for such a Work and calls the Bishops to his Closet All this being weighed His Majesty called to His Closet the Archbishops of Canterbury and St. Andrews and the Bishops of Galloway Brechin and Ross the Marquis being there before they came and to all these the King declared the choice he had made and that he intended to send the Marquis to Scotland with the Character of High Commissioner for establishing the Peace of the Country and the good of the Church St. Andrews said he approved the Choice and hoped for good success My Lord of Canterbury
that he might accordingly apply himself to his business but he found things in a greater disorder than he could have imagined He finds the Country in a very ill posture Almost the whole Council did favour the Covenant and the Bishops were hated by all so that there were few or none whom he durst trust the Earls of Traquair Roxburgh and Southesk were the men he found best affected yet even their Limitations vexed him My Lord Lorn who about the end of the year by his Fathers death was Earl of Argyle seemed to go on with the Kings Service but he was suspected both by the King and the Marquis to favour the Covenant In a word those of the Council who were best set were yet overawed by the fury and threats of the other Party The Marquis of Huntley was forward in His Majesties Service but the Marquis was obliged to send him North to keep that Country which was yet peaceable in order Many Lawyers were of the Covenanters side and chiefly the Kings Advocate Sir Tho. Hope which was one of the greatest troubles the Marquis met with for he being a stranger to the Scotish Law in which the other was skilled as much as ever any was was often at a great loss for he durst advise with him in nothing and often the Kings Advocate alledged Law at the Council-Board against what he was pressing Of this he complained frequently to the King and intended to have discharged him the Council but he durst scarce adventure on it lest others should have removed with him He tried what he could doe to get some Lawyers to declare the Covenant to be against Law but that was not to be done Sir Lewis Stewart promised private assistance but said that if he appeared in publick in that matter he was ruined Sir Thomas Nicolson who was the only man fit to be set up against the Kings Advocate though he had never all his life before pretended to a nicety in these matters yet begun now to alledge Scruples of Conscience Next to this the Marquis dealt with the Covenanters who were chiefly the Earls of Rothes Cassils Montrose Lowdon Lothian my Lords of Lindsay Yester Balmerino and Cranston these were the chief Contrivers and Actors though they had many followers and abettors of all Qualities With these he dealt by all means possible but neither could Reason convince them nor Assurance satisfie them nor Promises or Cajolery prevail with them nor Threats overrule them He quickly saw that nothing could be obtained from the Covenanters by way of Treaty and therefore before he left Berwick He puts the King on his guard to look for mischief from the Covenanters he advertised the King to prepare himself for teaching them their Duty by Authority since milder ways were like to prove ineffectual He also found the Country very destitute of Arms and that the Covenanters were beginning to give order for furnishing themselves from several places of which he also advertised the King desiring him to send in all haste Expresses to his Agents in Holland Hamburgh Denmark Sweden and Poland to stop any Arms might be bought up by Scotish men At first when the Marquis came to Dalkeith who fortifie themselves and are insolent he heard that 1500 men were set to guard the Ports of Edinburgh and that they of the Tables had taken the Keys of the City from the Magistrates and had some thoughts of securing the Castle of Edinburgh which had been easily done if attempted there being neither Arms nor Ammunition within it But the wiser of them thought it fitter onely to set Guards about it by which it was rendred useless rather than make so hasty a Rupture and the more violent threatned they would force both Commissioner Council and Session to take the Covenant All this the Marquis heard but he might well regrate it but had no power to curb it for they were resolved to hear of no Proclamation unless with the discharge of the Service-book and Book of Canons the Articles of Perth were also promised to be abrogated Episcopacy promised to be limited and an Assembly and Parliament presently called But his Instructions being so far short of this he durst not adventure on publishing His Majesties Declaration knowing it would meet with a Protestation and as for that part of it which concerned the Covenant my Lords of Traquair and Roxburgh told him he was the ruine of the Country if he did not divide the Declaration and wholly leave out what concerned the Covenant this he said he would yield to and put his Head in the Kings Mercy if they could assure him that thereby matters might be settled The Marquis gives a clear representation of the state of Affairs Of all this he advertised the King and told him he must resolve either to yield to all they demanded or haste down his Fleet quickly with 2000 Land-souldiers in it and send down Arms to the Northern Counties of England advising him also to send Souldiers for Garrisoning of Berwick and Carlisle 1500 for Berwick and 500 for Carlisle and that His Majesty would resolve to follow these Orders in Person with a Royal Army and there was no doubt of Victory if the matter were well managed but he represented withall that His Majesty would consider how far in His Wisdom He would connive at the madness of His own poor People or how far in His Justice He would punish their folly assuring Him their present madness was such that nothing but Force would make them quit their Covenant and that they would all lay down their Lives ere they would give it up But that which he applied himself first to was the dispersing of the Multitudes After he held a Council at Dalkeith where His Commission was onely read and registred he received Addresses from the Town of Edinburgh He goes to Edinburgh humbly inviting him to come to Holyroodhouse which he refused unless the extraordinary Guards about their Ports and the Castle were dismissed But this being done he went thither on the ninth of Iune they were guessed to be about 60000 that met him the greatest number that Nation had seen together of a great while among whom there were about 500 Ministers and four of the most zealous had resolved to entertain him with Speeches but this he shunned not without great difficulty so earnest were they to be disburdened of their Harangues but they came to him in private and with great vehemency not without tears in their eyes represented the danger Religion was in but kept themselves within bounds and mollifies some of the Covenanters And now he came to have access to their ears and this was followed by that which always attended the engaging sweetness of his Converse for he began to gain ground on their affections he shewed them how firm the King was to the Protestant Religion and how ready to hazard Life and Crown in the defence of it that if any error
Our Council by Our Letter to that effect CHARLES R. Oatlands the 9th of Septemb. 1638. With these His Majesty did also sign the following Instructions for his behaviour with the Bishops CHARLES R. Instructions to be communicated to the Bishops YOV shall shew My Lord of St. Andrews that We intend by being content with his demission of the Chancellours Place no injury to him and most willing We are that in the manner of doing it he may receive no prejudice in his reputation though we cannot admit at this time of his nominating a Successor and to make it more plain that We are far from having any thought to affront him by thinking of his demission We will in no ways that you urge him to do it yet you are to intimate that in Our opinion a fair Demission will prove more to the advancement of Our Service and be better for him than if he should retain the Place If you find him willing to demit you shall then try what consideration he doth expect from Vs and if the same be not altogether unreasonable you shall promise it in Our Name If a demission then it is presently to be done If he resolve to hold that Place then you must prâ—sently command his repair to Scotland all excuses set apart You shall communicate to him and the rest of his Brethren that far of Our Intentions that it is probable you may indict a General Assembly Thai We are content absolutely to discharge the Books of Service and Canons and the High Commission You shall shew that the Five Articles of Perth We are pleased be esteemed as indifferent and that though We maintain Episcopacy yet We will be content that their Power be limited according to the Laws And it is Our further Pleasure that if an Assembly be indicted he and the rest of his Brethren be there to defend themselves and their Cause and for that end that he and they repair to Newcastle Morpeth or Berwick there to attend your further advertisement that so immediately they may repair to Scotland not only to answer for themselves at the said Assembly but likewise to consult with you what will be fiâ—test to be done for the advancement of Our Service that evil may be kept off so much as in you and them lieth both from Kirk and Commonwealth C.R. Oatlands the 9th September 1638. As for the Place where the Assembly should be held The Assembly was to sit at Glasgow though in the written Instructions it is referred to my Lord Commissioners choice Edinburgh only excepted yet it seems it hath been concerted betwixt the King and him where it should hold for in a Paper concerning the Assembly presented by the Marquis to the King yet extant where mention is made of the Place of the Assembly the King with His Own hand interlined Glasgow if may be and without doubt that was the fittest place for as the City was large and convenient so the Magistracy there was right set Besides it was next to the place of the Marquis his Interest whereby his power for over-ruling them might have been greatest neither was it fit they should go so far from the scene as Aberdeen which was advised by my Lord St. Andrews since for the Strangers it would have been all to one purpose for thither they would all have flocked and it seemed not so proper they should meet in a Place or Country which was still well set lest the numbers and boldness of those Strangers had either poysoned or frighted them from their Duty But to make the whole matter clear I shall here set down the Covenant and Bond which were now enjoyned by His Majesty WE all and every one of us underwritten protest The National Covenant first signed by King Iames and now received by the Kings Order that after long and due examination of our Consciences in Matters of true and false Religion we are now thorowly resolved in the Truth by the Word and Spirit of God and therefore we believe with our Hearts confess with our Mouthes subscribe with our Hands and constantly affirm before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing Salvation to man which is now by the Mercy of God revealed to the World by the preaching of the blessed Evangel and received believed and defended by many and sundry notable Kirks and Realms but chiefly by the Kirk of Scotland the Kings Majesty and the Estates of this Realm as Gods eternal Truth and only ground of our Salvation as more particularly is expressed in thâ— Confession of our Faith stablished and publickly confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majesty and whole body of this Realm both in Burgh and Land to the which Confession and form of Religion we willingly agree in our Consciences in all points as unto Gods undoubted Truth and verity grounded only upon his written Word and therefore we abhor and detest all contrary Religion and Doctrine but chiefly all kind of Papistry in general and particular Heads even as they are now damned and confuted by the Word of God and Kirk of Scotland But in special we detest and refuse the usurped Authority of that Roman Antichrist upon the Scriptures of God upon the Kirk and Civil Magistrate and Consciences of men all his tyrannous Laws made upon indifferent things against our Christian Liberty his erroneous Doctrine against the Sufficiency of the written Word the perfection of the Law the Office of Christ and his blessed Evangel his corrupted Doctrine concerning Original Sin our natural inability and rebellion to Gods Law our Iustification by Faith only our imperfect Sanctification and obedience to the Law the nature number and use of the Holy Sacraments his Five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the Word of God his cruel Iudgements against Infants departing without the Sacrament his absolute necessity of Baptism his blasphemous opinion of Transubstantiation or real presence of Christs Body in the Elements and receiving of the same by the wicked or bodies of men his Dispensations with Solemn Oaths Perjuries and degrees of Marriage forbidden in the Word his cruelty against the Innocent divorced his devilish Mass his blasphemous Priesthood his profane Sacrifice for the sins of the dead and the quick his Canonization of men calling upon Angels or Saints departed worshipping of Imagery Reliques and Crosses dedicating of Kirks Altars Days Vows to Creatures his Purgatory Prayers for the Dead praying or speaking in strange Language with his Processions and blasphemous Litany and multitude of Advocates or Mediators his manifold Orders Auricular Confession his desperate and uncertain Repentance his general and doubtsome Faith his Satisfactions of men for their sins his Iustification by Works Opus operatum Works of Supererrogation Merits Pardons Peregrinations and Stations
our personal Oath we do not take upon us to lay any further Bond upon our Posterity than the Word of God doth recommending onely our Example to them so far as they shall find it agreeable to Gods Word In this sense as is said and no otherwise do we subscribe the said Confession and the general Bond annexed thereunto at Aberdeen Octob. 5. 1638. Signed Ad. Aberdonen John Forbes D. and P. of Div. R. Barrone D. and P. of Div. Al. Rosse D.D. Ja. Sibbald D.D. Al. Scrogie D.D. Wil. Lesley D.D. These Explanations were too just not to be accepted of by the Marquis of Huntley but lest an humour of annexing Explications might have run through others from their example which might have not onely retarded the Work but occasioned new Grounds to the Covenanters to quarrel this Confession he kept the matter secret and took their Subscription in a Bond apart and so sent it to the Marquis But leaving to the Reader to judge how judiciously cautious these Exceptions were I quit this Digression and go on From all places some Subscriptions were brought except from Argyle-shire my Lord Argyle alledging that since the Assembly was so near all desired to be excused till it had sate and determined about it This confirmed the Jealousies of him it being well known how absolute his Authority was in that place The Marquis returned to Edinburgh about the 20th of October but was much disordered to find neither my Lord S. Andrews nor the other Bishops come thither as he had appointed so that he was left destitute of Council how to resolve on the legality of his Procedure at the Assembly yet having advised with such as he durst trust about the Method in which he was to go on at Glasgow he drew it up and sent it to my Lord of Canterbury to communicate it to His Majesty Likewise those Bishops who stay'd in Scotland having pressed him earnestly to prorogue the Assembly foreseeing what was like to follow on it Some advise to prorogue the Assembly he advertised His Majesty of the hazards which on the one hand were visible but on the other hand if it were prorogued it would not fail of fortifying the Jealousies the Covenanters had spread as if the King intended not to observe what he promised which might work much on the Vulgar Besides he saw grounds to fear that most of the Council would desert him if it went to that and certain it was that the Covenanters would not obey but keep the day onely with this odds that they would hold it at Edinburgh he therefore judged it fitter the day should be kept and His Majesties Gracious Offers first proposed and next the Nullities of the Elections examined and then the Bishops Declinator offered and by that time there was no reason to doubt they would give too good grounds for dissolving them All this he submitted to His Majesties Judgment adding that if he thought fit to prorogue it there were grounds enough from the Actions of the Covenanters for justifying it but a present Rupture would be unavoidable to which he received the following Answer Hamilton YOu will receive a particular Answer by my Lord of Canterbubury of all your Propositions touching the Assembly wherein you will find that my Alterations are rather circumstantial than material As concerning the way of your Proceeding though I confess of importance to my Service you foreseeing rightly what my Iudgment would be of them yet I dare say I have left them as full as any of my Proclamations or Declarations and why I should go further I see no reason for certainly those that will not be contented with what I have done already will be less contented if I should dâ—e more As for the Opinions of the Clergie to prorogue this Assembly I utterly dislike them for I should more hurt my Reputation by not keeping it than their mad Acts can prejudice my Service wherefore I command you hold your day but as you write if you can break them by proving Nullities in their Proceedings nothing better Lastly concerning Assessors I like their Names and as you say you must not suffer me to lose my Privilege To conclude I like your way well and hope upon consideration that you will not mislike my Alterations for I will make none in being Your assured constant Friend CHARLES R. Havearing 29 Oct. 1638. In the end of October the Earl of Rothes with the other Covenanters petitioned for a Warrant to cite the Bishops to appear before the Assembly The Covenanters summoned the Bishops to the Assembly the Marquis answered the Law was patent and there were legal ways for citing all such as were either within or without the Country but for him to give Warrants it had never a President and so could not be granted for it was enough that he did not protect them against a fair Trial whereupon the Covenanters addressed themselves to the Presbytery of Edinburgh for it who gave Warrant for the most scandalous Summons that was ever heard of in the Christian Church which is to be seen in the large Declaration wherein all the Bishops were cited as guilty of Heresie Simony Perjury Incest Adultery Fornication Breach of the Sabbath and what not to which they added respectivè which many said was on design to abuse the poor Vulgar who could not understand the importance of that Law-term but would undoubtedly believe them all guilty of these Crimes This was ordered to be read in the Churches of Edinburgh but carried so secretly that it was onely on the Saturday-night before that the Marquis had notice of it whereupon he presently sent to require them under pain of Treason to forbear but that was not formidable to them so notwithstanding that it was read in the Colledge-Church of Edinburgh after Communion and ordered to be read in all the Churches over Scotland and accordingly done They sent also Orders through all Scotland to search into the Bishops Conversations that all their escapes being gathered together and Witnesses being cited to Glasgow they might find pretexts of Justice to second the fervour of their Zeal Upon the first of November the Session sat down at Edinburgh The Session sits and most of the Lords sign the Kings Covenant and the Marquis having dealt with all the Lords of that Court before went thither to get them to sign the Confession of Faith some desired a delay and this raised a Debate of three hours at length nine of the fifteen signed it two were absent and four refused but those who signed it durst hardly walk the Streets so odiously had the Ministers represented the Confession to all At this time the Marquis got the Earl of Marre to resign the Castle of Edinburgh to the King The Castle of Edinburgh in the Kings hands five thousand pounds Sterlin was that he demanded for it but he was brought to accept of two thousand and because the Earl of Marre would not meddle with
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
preserved it Their next Attempt was upon Dalkeith whither Traquair retired with a small Company and he without stroke of Sword surrendred it for which his Courage seemed more blame-worthy than his Honesty But his greatest fault was that he yielded up the Regalia the Crown and Scepter which lay there and carried them not with him neither did he spoil the Arms that lay there which since he could not carry with him he ought to have done and not to have left them to strengthen the Enemy But from this he hasted to meet the King at York Roxburgh's Misfortune followed this his County being upon the Borders was of great importance for the Kings Service and he kept it in pretty good order till Munro came with some Forces out of other Shires but his Son Lord Ker whom he left with the Trust of all going himself to wait on the King turned over to the Covenant The News of this overtook Roxburgh in his Journey in which he made the more haste that he might be the first who should give the King an account of that unlucky Adventure whereby he might prevent all Jealousies against himself The King set out from London the 27th of March and came to York the first of April The first blast of this Storm fell on Huntley against whom the Covenanters sent a great Force both of Horse and Foot with some Cannon commanded by the Earls of Montrose and Marshal But Marquis Huntley finding himself unable to resist them retired in some disorder to Turreff and they followed him taking Aberdeen in their way which had hitherto stood for the King but was now forced to render the Bishop with the Doctors escaping by Sea to Berwick At Turreff My Lord Huntley laid down Arms where treating with them by a surprize he and his Son the Lord Gordon were taken Prisoners and brought over and committed to the Castle of Edinburgh The Marquis of Huntley is taken prisoner where they lay till the Capitulation at Birks I am sorry I want materials for saying more in the vindication of that Noble Person but I must not dismiss one Story without taking notice of it which is that the Marquis is blamed as having given him Orders to doe as he did And this with other Stories of the like truth was put in to swell the Charge given in against him some years after this yet it is strange that when the Viscount of Aboyne who was Huntley's second Son came to wait upon the King at York there was no Complaint made of that nor when Huntley was enlarged and waited on the King doâ—s there appear the least vestige of his alledging any thing to the Marquis his prejudice The ground of the Story is this the Marquis had written in the Kings Name and by his Order to the Marquis of Huntley when he sent him the Commission of Lieutenantry as hath been said to beware as much as was possible that he should not be the first Aggressor till His Majesty were upon the Borders for the King knew that Huntley could not resist all the Covenanters Forces and to make a powerful Diversion when the King should be dealing with them in the South was all could be expected from him Likewise the Marquis failed not to give weekly Advertisements of the progress of the Kings Preparations which appears both from Huntley's Letters to the Marquis and the Copies of the Returns he gave them that are yet extant and therefore there remains nothing upon this account to charge or suspect the Marquis his Fidelity The Marquis prepares for the Sea and gets three Letters from the King The Marquis was left at London to see that the Fleet and the other Land Souldiers who were to be shipped in some Colliers Vessels might be ready to go aboard upon Order and His Majesty wrote him the following Letter before he left London Hamilton I Received yours but this morning to which before I answer I must tell you News First that Jacob Ashly has possessed Berwick with 1000 Foot and 60 Horse and Carlisle is likewise possessed by My Lord Clifford with 300 men Secondly I have commanded Traquair to keep his Câ—amber until he give me an account how he left Daâ—keith withâ—ut striking one stroke and before any Cannon was brâ—ught before it having left the Ammunition not destroyed to their reverence and likewise the Regalia of this more by the next Now for Answer I have given the Proclamation to be written over by the Clerk-Register with the General Oath both which you shall have with all speed for your Military Oath I like it extreme well as likewise your opinion for detaining the Patents of Honours until the Country be settled for your Brother certainly if you had forgotten him I should not but have remembred my old Engagement and for Dalliel indeed he deserves well yet methinks a Viscounty may serve at this time that I may have something more to give upon further occasion and so I rest Your assured constant Friend CHARLES R. York 2 Apr. 1639. The next day he had that which follows Hamilton ACcording to my promise yesterday I have sent you back the Proclamation and Oath but with very few Additions As touching Traquair I can say little more than I did because I have not yet seen his Defence only if I had not taken this rude notice of his base Action I am sure I should have disheartened a number of honester men than ever he was or will be This morning I have News of the safe Landing of the 500 Irish which are by this time in Carliâ—le there to attend until further Directions I have no more at this time to say but to know if Col. Gun be not one that you have entertained for it is said that he is going back again to Germany One thing I had almost forgot they say for certain that Aberdeen holds out still and is not likely to yield in haste if it be so you know what to do And so I rest Your assured constant Friend CHARLES R. York 3 Apr. 1639. The day following he got the next Letter Hamilton THis is to tell you that the News of the rendring of Aberdeen came immediately after the dispatch of the last Post and thâ—t though Huntley be retired yet he is neither beaten nor over-run but the chief cause of my writing at this time is that since I have shown the Proclamation to Orbiston and Sir Lewis Stewart they have both been very instant with me to change something in it which though my Iudgement goes with them in the most and therefore I will not be wilful yet I think I shall alter or but rather palliate one point to wit not to set Prices upon the declared Rebels Heads until they have stood out some little time which time is to be expressed in this same Declaration Anâ—ther thing is whither and when to send you Devick and lastly whether I shall see you before you put to Sea which
Duke of Hamilton c. LIB III. Of what passed after the Marquis laid down his Commission till July 1642. AND now I am come to a Period in the series of the Marquis his Publick Actings for this turn after which for some Years he continued at Court under the private Character of a Councellour much in His Majesties Favour The Marquis out of Publick Imployment it cannot be therefore expected that henceforth the Accounts of Scotish Affairs should be enlarged to the former Fulness since it is the Marquis his Story and not Scotland's that is undertaken to be written neither are the Materials so copious as to bear the Writer through all particulars were he so bold as to adventure on them Therefore all that shall be henceforth offered of Publick Affairs shall be onely to give the Reader such a clear prospect of the State of them that when the Marquis shall again appear in business his following Actions may hang together with his former yet the Writer will not so sullenly confine himself to a general Account but when any particulars occur wherein he is authentically informed he will truly represent them My Lord of Traquair waited upon His Majesty to Whitehall Traquair goes to Scotland whither the King came in the beginning of August and on the sixth his Commission was signed and himself dispatched to Scotland On his way he was ordered to deliver the following Letter from His Majesty to my Lord S. Andrews who was then at Newcastle in answer to an Address made by the Bishops to my Lord of Canterbury to get the Assembly prorogued It was penned by the Marquis as appears by the Brovillon of it yet extant and interlined in some places by my Lord of Canterbury CHARLES R. Right Trusty and Well-beloved Councellour and Reverend Father in God We greet you well YOur Letter and the rest of the Bishops sent by the Elect of Caithnes to my Lord of Canterbury hath been shown by him to Vs and after serious Consideration of the Contents thereof We have thought fit Our Self to return this Answer to you for Direction according to Our Promise which you are to coâ—municate to the rest of your Brethren We do in part approve of what you have advised concerning the Prorogating of the Assembly and Parliament and must acknowledge it to be grounded upon Reason enough were Reason only to be thought on in this Business but considering the present state of Our Affairs and what We have promised in the Articles of Pacification We may not as We conceive without great prejudice to Our Self and Service condescend thereunto wherefore We are resolved nay rather necessitated to hold the Assembly and Parliament at the time and place appointed And for that end We have nominated the Earl of Traquair Our Commissioner to whom We have given Instructions not only how to carry himself at the same but a Charge also to have a special care of your Lordships and those of the inferiour Clergy who have suffered for their Duty to God and Obedience to Our Commands And We doe hereby assure you that it shall be still one of Our chiefest Studies how to rectifie and establish the Government of that Church a-right and to repair your losses which We desire you to be most confident of As for your Meeting to treat of the Affairs of the Church We do not see at this time how that can be done for within Our Kingdom of Scotland We cannot promise you any place of Safety and in any other of Our Dominions We cannot hold it convenient all things considered wherefore We conceive that the best way will be for your Lordships to give in by way of Protestation or Remonstrance your Exceptions against this Assembly and Parliament to Our Commissioner which may be sent by any mean man so he be Trusty and deliver it at his entring into the Church but We would not have it to be either read or argued in this Meeting where nothing but Partiality is to be expected but to be represented to Vs by him which We promise to take so in consideration as becometh a Prince sensible of His Own Interest and Honour joined with the equity of your Desires and you may rest secure that though perhaps We may give way for the present to that which will be prejudicial both to the Church and Our Own Government yet We shall not leave thinking in time how to remedy both We must likewise intimate unto you that We are so far from conceiving it expedient for you or any of my Lords of the Clergy to be present at this Meeting as We doe absolutely discharge your going thither and for your Absence this shall be to you and every one of you a sufficient Warrant In the interim your best Course will be to remain in Our Kingdom of England till such time as you receive Our further Order where We shall provide for your Subsistence though not in that measure as We could Wish yet in such a way as you shall not be in want Thus you have Our Pleasure briefly signified unto you which We doubt not but you will take in good part you cannot but know that what We doe in this We are necessitated to So We bid you farewell Whitehall Aug. 6. 1639. This Letter being delivered to the Bishops by the Kings Commissioner they signed the following Declinatour and put it in his hands WHereas His Majesty out of His surpassing Goodness was pleased to indict another National Assembly The Bishops Declinatour of the Assembly for rectifying the present Disorders in the Church and repealing the Acts concluded in the late pretended Assembly at Glasgow against all right and reason charging and commanding us the Archbishops and Bishops of the Church of Scotland and others that have place therein to meet at Edinburgh the 12th of August instant in hopes that by a peaceable Treaty and Conference matters should have been brought to a wished Peace and Vnity and that now we perceive all these Hope 's disappointed the Authors of the present Schism and Division proceeding in their wonted courses of Wrong and Violence as hath appeared in their presumptuous Protestation against the said Indiction and in the business they have made throughout the Country for electing Ministers and Laicks of their Faction to make up the said Assembly whereby it is evident that the same or worse effects must needs ensue upon the present Meeting than were seen to follow the former We therefore the Vnder-subscribers for discharge of our Duties to God and to the Church committed to our Government under our Soveraign Lord the Kings Majesty Protest as in our former Declinatour as well for our Selves as in name of the Church of Scotland and so many as shall adhere to this our Protestation That the present pretended Assembly be holden and reputed null in Law as consisting and made up partly of Laical persons that have no Office in the Church of God partly of refractory
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
the Years 1638 and 1639. An. 1637. THe Marq. imployed in the Affairs of Scotland p. 27. A recapitulation of the State of the Church from the Reformation p. 28. The Ministers were popular and factious ibid. King James sets up Episcopacy ibid. but it receives great Opposition ibid. The King prosecutes his Designs p. 29. Prejudice conceived against the Bishops ibid. They are charged with Popery ibid. And Arminianism ibid. And breach of Sabbath ibid. The Nobility grow jealous of them p. 30. Their Clergy dislike them ibid. The Liturgy is appointed to be used ibid. A Tumult at the first reading of it p. 31. Traquair's Letter about the occasion of the Troubles ibid. New Tumults p. 32. The Kings Proclamation does not quiet them ibid. 1638. The National Covenant is sworn ibid. Traquair goes to Court p. 33. And procures a new Proclamation p. 34. which they Protest against ibid. The Council sends the King an account by the Lord Iustice-Clerk ibid. His Instructions ibid. Traquair and Roxbrough write to the King p. 36. The Councils Letter to the Marq. p. 37. The King names the Marq. Commissioner for Scotland p. 38. Articles sent up by the Covenanters p. 39. Complaints sent up by the Bishops and their Clergy p. 41. The King resolves to redress their Grievances p. 42. Some Discourses that passed in the Kings Closet between the Marq. and the Bishops ibid. The Kings Proclamation p. 43. Another Proclamation p. 44. The Arch-Bishop of St. And. his draught draught of a Proclamation p. 45. Queries of the Marquis's to the King with the King's answers p. 46. The Instructions the King gave him p. 50. He goes to Scotland p. 51. Great jealousies of him there p. 52. He finds things in an ill posture ibid. Of which he gives the King an account p. 53. He goes to Edinburgh p. 54. and treats with the Covenanters ibid. The King writes to him to proceed warily p. 55. The Multitudes scatter p. 56. The King writes to him about his preparations ibid. The Session brought back to Edinburgh p. 57. The Covenanters desire a speedy answer ibid. Many advise him to accept of an Explanation of the Covenant p. 58. Which he proposes to the King ibid. The Arch-B of St. And. draught of the Explanation ibid. The King writes to him about his Artillery Money and other designs p. 59. The King will hear of no Explanation of the Covenant p. 60. The Marquis asks leave to come to Court p. 61. The King grants it ibid. The B. of Ross's Letter to the Marq. about his conduct in Scotland p. 62. The Session sate at Edinburgh p. 64. The Kings Proclamation published ibid. And Protested against ibid. The Inconstancy of the Council ibid. The Marq. takes Iourney p. 65. He gives the King an Account of Affairs ibid. And gets new Instructions ibid. The Kings Letter to the Council p. 67. And Declaration ibid. The Covenanters are busy in Scotland p. 68. A Debate between them and the Doctors in Aberdeen ibid. The Covenanters Resolutions p. 69. The Marquis makes the Kings Pleasure known ibid. The Covenanters are not satisfied with it p. 70. The Marq. goes again to Court ibid. An advice offered to the King ibid. for renewing King James his Covenant p. 71. The Kings reasons against it p. 72. But at length he gives way to it ibid. And gives the Marquis new Instructions ibid. Other Instructions about the Bishops p. 74. An Assembly to sit at Glasgow p. 75. The Kings Covenant ibid. And the Bond joyned to it p. 77. The Bishops are jealous of the Marquis p. 78. Iealousies begin among the Covenanters p. 79. The Marq. calls the Council to let them know the Kings Concessions p. 80. The Covenanters move for a delay ibid. but after a long debate the Council is satisfied with them ibid. They are proclaimed ibid. The Covenanters protest against them ib. The K. is well satisfied with the Marq. ibid. The Marq. apprehends the danger Episcopacy was in p. 82. Which the King did not think so great but is highly displeased with the Covenanters ibid. A pretended Prophetess p. 83. A Iesuit turns Presbyterian ibid. The Marquis prepares for the Assembly p. 84. The King is for punishing those that did Protest against his Proclamation ibid. The Covenanters oppose the signing of the King's Covenant p. 85. The Elections for the Assembly p. 86. The Bishop and Doctors of Aberdeen subscribe the King's Covenant with limitations ibid. Some are for proroguing the Assembly p. 87. But the K. disapproves of that p. 88. The Bishops are cited to the Assembly ibid. Many Lords of the Session sign the Kings Covenant and some of them refuse to do it p. 89. The K. gets the Castle of Edinburgh into his hands but it is in an ill case ibid. The Marq. spares no cost in the Kings service ibid. The K. wants mony ibid. The K. writes by the Bishop of Ross to the Marquis p. 90. And sends by him his Observations on the Bishops Declinatour p. 91. The Marq. goes to Glasgow p. 92. The Bishops write to him ibid. The strictness of the Kings Conscience p. 93. The Assembly sits down ibid. The Marq. Speech at the opening of it p. 94. The Kings offers to the Assembly p. 95. The Bishops advise him how to proceed p. 96. The Members of the Assembly p. 98. The Marq. sends full advertisements to the King ibid. To which the Kings writes Answer p. 99. The Marq. displeased with the Assembly ibid. Three Letters of the King 's to the Marq. p. 100. The Marq. resolves to dissolve the Assembly p. 101. His Speech at the Dissolution ibid. Mr. Henderson answers him p. 105. The Marq. replies ibid. He dissolves the Assembly p. 106. But they sit still ibid. The Council approves of what the Marq. did ibid. But Argyle joyns with the Assembly ib. The Mar. goes back to Edinburgh p. 107. The King approves of his carriage ibid. Two Letters from the Arch-bishop of Canterbury p. 108 and 109. The Assembly proceeds p. 110. The Marq. issues out a Proclamation against them ibid. But they end their business and write to the King p. 111. The Marq. is indisposed ibid. He goes to Court ibid. An. 1639. The State of Affairs in Britain p. 112. The King is highly displeased with the Covenanters ibid. And resolves on a War p. 113. The Design of it ibid. The Covenanters prepare for it p. 114. And are Animated by the Ministers p. 115. They become Masters of all Scotland ibid. The K. emits the Manifesto p. 116. The Covenanters begin the War ibid. They take the Castle of Edinburgh ibid. The King goes to York p. 117. Huntley is taken prisoner ibid. The Marq. makes ready to go to Sea p. 118. The K. is angry with Traquair ibid. Berwick and Carlisle possessed by the King p. 119. The King writes about his Proclamation p. 120. Hopes from Ireland fail ibid. The King sends â—is Proclamation to the Marq. ibid. And orders the Marq. to sail to
giving a just and true Relation of the Reign of the late King I was my self pretty early acquainted with a great deal more of the Truth of these Affairs than is generally known having had the blessing of my Father's Conversation for many years who had been a very exact Observer of all that passed He was also much importuned by men of all sides to write the History of those distempered Times being esteemed a Person of great Moderation and Candour who as he had his breeding in the Law so lived in great Friendship with the most eminent Persons of both Perswasions for before the Troubles began he was accounted a Male-content but he did afterwards give such signal demonstrations of his Loyalty that he was put from his Employment and made to take a voluntary Exile on him which was granted him as a great Favour by the Covenanters who generally had much kindness for him for all his being so contrary to their way And Warriston his Brother-in-Law in whose hands were all the Original Papers of the Covenanters side offered them to him for his Assistance if he would undertake it but he was over-grown with Age and Infirmities and so could not set about so difficult a Work But I received from him such Informations as made me look on most of the Writers of those Times with Indignation who were either utterly ignorant or so basely partial that Matters of Fact are falsly represented and the whole Counsels and Secret Contrivances either quite passed over or so palliated that there is very little truth in the Relations they have made And particularly I wondred to find James Duke of Hamilton represented to the World with such foul and base Characters as if he had been a Monster both for Ingratitude and Treachery though he had laid down his Life for the King and involved his Estate in vast Debts for His Service It seemed to me the greatest Injustice in the World that one who served his Prince and his Country so long and so faithfully and sealed all with his Blood should not only be deprived of the Honour due to his Memory but that a company of ignorant and impudent Slanderers should do what they could to attaint his Blood and Family by the black Imputations they have cast on him and that this should pass current without any Vindication This made me resolve if ever I could meet with such Instructions as might direct me well to write an account of the late Troubles and in particular to give a true and clear Relation of that Duke's Concerns to set about it I knew well the Temper of those who were most severe in their Censures on him to be a violent and hot-headed sort of People who were for nothing but Fire and Sword and yet knew not how to do much more than to drink and swagger and therefore as I was naturally inclined to disregard their Blusterings so I was apt to think his Counsels must have been moderate for tempering the eagerness of other mens Passions which did enrage them so much against him so that they having dispersed many false Stories of him these were easily received by our Scribling Historians and have been made use of to poyson the Truth of the History It is such a natural and constant effect of Passion to carry men to Extreams that it is no wonder if those who had more temper and fore-sight and studied to heal the Breaches and followed more moderate Counsels were hated on both sides for in all times the Moderate Party is the weakest and has most obloquie cast on it from all hands I also thought that I could not do a greater Service to my Country than to enquire into the whole Course of the late Civil Wars And I knew there were none so eminently Employed as the two Dukes of Hamilton the one having been the Kings High-Commissioner in the beginning of them and the other the Secretary of State in the sequel of them therefore it was certain that if their Papers had not been destroyed in the common fate of Scotland I could not find a clearer thread to direct me than from them I shall not deny that I had many pre-engagements on me to have a high value of that Family both from the Great Worth of those who now represent it and from the Vnblemished Fidelity their Ancestours have always payed the Crown and their constant Affection to their Country so that since the first Greatness of it in King James the third his days who gave his Sister in Marriage to the Lord Hamilton they were never in any Rebellion against their King nor did they ever abuse their Prince's Favour to be a Grievance to their Country And though they stood next the Crown for fifty years together from the year 1543 that King James the fifth died till the year 1593 that Prince Henry was born during all which time there was none but Queen Mary and King James of the Royal Blood yet all that while their Deportment shewed that they had no other design but to serve those Princes with all possible Fidelity and Zeal And though Scotland was then much distracted with Intestine Broyls and Disorders yet they never set themselves at the head of any Faction nor departed from the Interests of the Crown When King James the fifth died he left his only Daughter Queen Mary but a few days old and the Government of Scotland fell by Right to the Earl of Arran being her nearest Kinsman and if such an Ambition as the Enemies of that Family have pretended was hereditary to it had been lodged in him he would never have let such an Opportunity of raising himself slip out of his hands But he was a Person of great Iustice and Candour and set nothing before his eyes but the Publick Good so that Archbishop Spotswood tells of him in his History that in his Court there was nothing seen that the severest eye could censure or reprove In the Publick Government such a Moderation was kept as no man was heard to complain the Governour was reverently obeyed and held in as great respect as any King 's of preceding Times It is true he was of too easie a nature and his base Brother who was afterwards Archbishop of St. Andrews had great power over him which did much prejudice his Reputation In the disposing of the Queen in Marriage he had much to have said for himself if he had married Her to his own Son who was but a few years older than the Queen but he shewed he designed Her Greatness more than his own and perhaps more than the true Interest of his Country for I am far from thinking that he carried himself wisely in that when he consented to send Her to the Dolphin of France afterwards Francis the second in acknowledgment of which he was made Duke of Castle-herald or as it is pronounced by the French Chastle-herault by the French King After the Death of Francis the second when Queen Mary
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
what shall be agreed for me betwixt Your Majesty and these to whom this Affair is trusted by me I bind my self to ratifie To the fifth since the reasons of my Expedition to Germany are the same with Your Majesties I have firmly resolved to help and relieve the oppressed Princes and States of Germany with the ease of all these burdens with which they are now pressed and therefore shall do every thing in order and decently as becomes most friendly Auxiliaries and if any thing be taken by me from the common Enemy I shall desire nothing more than that the right of it be entirely and inviolably Your Majesties To the ninth since I have devoted my whole fortune with all my interests for promoting this our Design I promise that whatever any shall contribute for it shall all be laid out for this War which I shall with my whole Forces manage and carry on till either it please God that You obtain a desired Peace or that the Liberty of Germany which is now oppressed be restored To the tenth since by this Article Your Majesty requires and expects Fidelity from me and my Army I James Marquis of Hamilton by these presents give my Faith for my self and them and bind both my self and them and for the Confirmation of this I do subscribe this Article with all the preceding and put my Seal to it at London the first of March Anno Dom. 1631. Signed Hamilton Locus Sigilli Ramsay had in Commission to deal with any Scotish or English Officers who served beyond Sea to come and serve under the Marquis and finding Mackay the Lord Reay in good reputation Ramsay treats with the Lord Reay he dealt with him to engage in his Service who cordially undertook it and some moneths after that wrote to the Marquis which Letter is preserved That though the King of Sweden had given him the Command of three Regiments and made him Captain of his Guards yet he was so desirous to put life in his noble designs that he would serve him were it but to carry a Pike in his Army and thus Ramsay returned and Colonel Hamilton with him Whereupon the Marquis went about the executing of his designs and the levying of his men but all was according to the Kings Orders and Instructions yet His Majesty seemed onely a consenter to it The Levies went on all this Winter in which many were backward because the King owned them so little As for Money the King advanced a good summe though far short of what was necessary but he gave the Marquis a Lease of the Customs of the Wines in Scotland for 16 years upon which Security he and all his friends raised as much Money as the design required Many of the Marquis his friends did in the beginning dissuade him from the undertaking apprehending the hazards both of his person and fortune which were visible from an attempt that was full of dubious success but when they saw him engaged in it they did all very frankly concur mortgaging their Fortunes for raising such summes of Money as were necessary for the Expedition Next Spring the Marquis sent Ramsay to Holland to see what assistance he might expect from the States An. 1631. and in particular to deal with some British Officers who were then in their Service to come and take employment in his Army He likewise sent one Elphinston to the King of Sweden Ramsay is sent over to the States and Elphinston to the King of Sweden to shew him that he would be ready to land with his Army in Iune or Iuly and to press that the Forces he was to have from the Swede might be ready to meet him where ever he were appointed to land his men or if the King of Sweden could not spare so many men that he would order the money for their Levy and Pay to be sent to Hamburg or to any other Bank that so the Marquis might levy them himself Upon this the King of Sweden sent the Lord Reay first to Denmark and then to Holland for carrying on of those Levies and committed the levying of 3000 Foot and 1000 Horse to Colonel Farensback The King was betrayed by Farensback a Leeflander of good repute in the Wars who had served the Emperour but for I know not what crime had lost his favour and undertaken the Service of the Swede and seemed to be going on with his Levy till the time was past and then did basely run over to the Emperour shewing how great a Service he had done by his cousening the King of Sweden since he hoped the failing of the Swedish Auxiliaries would keep the Marquis of Hamilton's Army from coming over that Summer King Gustavus was now in Germany and by his frequent Letters pressed the Marquis his dispatch He pressed the Marquis to come in all haste for he was then in great straits the Princes of Germany begun to fear his success and were not so forward in joyning with him as he expected and by divers Letters both from himself and Camerarius his Ambassadour in Holland and Salvius his Agent in Hamburg it appears that the Princes of Germany took their measures chiefly from the Kings resolutions The King of Sweden also desired a League with the King and that the King should send over ten thousand men whom the King of Britain should maintain during the Wars and desires a League with the King and that Army with the other twelve thousand should be under the Marquis his Command as General upon which the King of Sweden should oblige himself never to make Peace with the Emperour till the Palatinat were restored To this the King gave a good hearing and promised to send over an Embassadour to finish the Agreement and in the mean time the Marquis his dispatch was hasted forward with all diligence His Army was partly Scots partly English and they were to be transported in the Kings Ships the Scotish Forces were to be shipped at Leith and the English at Yarmouth and Yarmouth-Road was to be their Rendezvous In the end of May both Reay and Ramsay came out of Holland to England Ramsay got nothing done with the States who would give no assistance to the Marquis till the King formally engaged himself yet he got some Officers to come over and in particular that gallant English Gentleman Sir Iacob Ashly who had acquired much reputation in the Dutch Wars but Ramsay drew much trouble on himself for being a man of an intemperate tongue he had talked loosly of the Court of England to the Lord Reay At this time the Marquis was in Scotland drawing the Souldiers together and having made all ready there he returned to Court having nothing more to doe but to kiss His Majesties Hand and receive his last Commands but there was then at Court the Lord Ochiltree Reay acccuseth Ramsay and Ochiltree the Marquis a man of a subtil spirit and good parts had not those endowments
of his mind been stain'd with some ill qualities He had acquired some interest in Court by the service he did the Earl of Niddisdale in the matter of the Kings Revocation and the Commission of Surrenders which to explain were too long a digression here and needless to all who understand how the Rights of the Titles were at that time unsettled in Scotland His malice against the Marquis was hereditary he being the Son of Captain Iames Stewart who in King Iames his Minority when the Hamiltons were groundlesly and in a mock-Parliament attainted carried the Title of Earl of Arran and possessed their Fortunes Lord Reay upon what irritation I know not alledged to him that Mr. Ramsay had told him that the Marquises designs were not upon Germany but Britain and that when this Army was once gathered he purposed to pretend to the Crown of Scotland This lye was so ill told that it could take with none but those whose Judgments were blinded through malice for as that Army was very small and in no manner of capacity to prosecute such a design so it was made up of Scots and English and most of the Officers were persons of whom the Marquis had no acquaintance Reay alledged likewise the testimony of one Mr. Cleazar Borthwick Borthwick being a witness clears the Marquis to whom Mr. Meldrum should have communicated the same design but this testimony turned to his shame for that person who was of known integrity being brought from Germany and examined upon what Meldrum had said to him desired liberty to send his Deposition to the King sealed since the particulars were not fit to be publickly heard to which the King yielding he sent it The summe of it was that Meldrum had never communicated any such design to him that he had indeed spoken abominably of the King and Court but all was in his own name and that he brought no credence with him from the Marquis for his errand to the Swedish Court was onely to solicit the payment of some Arrears due to his Uncle who had served that Crown and he had no Employment from the Marquis onely he got from him Letters of recommendation for the dispatch of his business so that whatever he said was understood as his own sense and not as a message from the Marquis Reay also alledged the testimony of Lieutenant Colonel Lindsay for a great part of that he charged on Ramsay This Lindsay indeed was a brave Gentleman and Reay's Lieutenant Colonel but was killed two or three moneths before Reay met with Ochiltree at London He was in new Brandenburg with other Swedish Officers when Tilly took it in and all Reay's Regiment was cut to pieces except a very few which turned to his eternal disgrace who in such a hot time of Action left his Command to come over to England and forge lyes and after that Reay was in no esteem neither with Scots nor Swedes and irrecoverably lost himself in the K. of Swedens opinion But Reay kept himself from charging any thing on the Marquis fixing all he said on Ramsay which Caution was not observed by Ochiltree who drew a representation of the Marquis his interest in Scotland to shew what probabilities might be of such a design and reckoned up all his Kindred and Allyes by which he drew in most of the Nobility of Scotland and so fastned suspicions on them all a madness onely incident to those of Bedlam to which his malice drove him though he was no fool With this account of Reay's and his own he went to the Lord Weston Weston carries the Accusation to the King then Treasurer of England and personating great zeal for the safety of King and Kingdoms revealed this alledged Treason to him adding that it was probable all things being now ready to be put in execution that the Marquis upon his return to put things in the more fearful disorder might if admitted to wait in the Kings Bed-chamber murder him This was a Calumny than which Hell could not have forged a fouler for Lord Ochiltree judged that this would have infallibly produced one of two effects either raised such a Jealousie in the Kings thoughts as to have quite ruined the Marquis since few Princes are proof against such whispers or at least it would have stopt his voyage for a while till he were tried and the smallest delay in that would have scattered his Souldiers so that this design failing in which his Honour was now so far engaged a stain should lie on him through all Europe Lord Weston carried this Story to the King whether provoked to it out of hatred to the Marquis or moved from his zeal and duty to the King shall not be determined though the last was pretended by him and in many of his Letters to the Marquis when he was in Germany he expressed much friendship for him who gives it no good hearing But His Majesty knew the Marquis too well and understood all his motions and the progress of this Affair too exactly to give any credit to this Forgery and indeed he rejected listening to it in terms so full of affection for the Marquis as discovered he was incapable of any Jealousie either of him or any of his actions neither would he hearken to those who onely desired that upon his return he might not be admitted to his Presence at least not to lie in his Bed-chamber Within a very little while the Marquis came to Court utterly ignorant of the execrable designs of his Adversaries His Majesty welcomed him with an air of kindness beyond what he ordinarily gave him and drawing him apart immediately told him all that villainous story which had been whispered against him The Confusion this raised in his thoughts was unspeakable and opens the whole matter to the Marquis being amazed to find himself so horridly misrepresented knowing his heart to be full of duty and affection to his Soveraign he wondered how malice could be so impudent as at a time when he was hazarding Life Honour Friends and Fortune for the Kings Service to fasten such a devillish gloss on his actions but this surprize was overcome with a greater when he saw His Majesty with an unheard-of and truly Royal generosity express his confidence in him in such obliging terms as scarce to allow him to speak in his own Justification which seeming to insinuate he thought he needed to be vindicated the Marquis begged he might be presently tried and offered himself to restraint till he were cleared But His Majesty would not hear of that on the contrary commanded him to lie in the Bed-chamber that night and made him lie in the Bed-chamber that same night and he expressed his confidence and kindness for him in such a strain both of behaviour and discourse that the Marquis frequently said he looked on the kindness of that night as that which obliged him more than all the other publick testimonies of the Kings favour and
bounty he ever met with foâ— His Majesty embraced him with such tender affection that he had been a monster of ingratitude if he had been ever capable of forgetting it and indeed the Marquis used to say that never were his resentments for any usage he afterwards met with so great but the remembrance of that night stifled them quite and it must be confessed to be a passage without example in History since the days of the conquering King of Macedon But the Marquis was not able to lie under such terrible imputations wherefore he pressed that Ochiltree might be put to it to prove what he had alledged but all he offered against Ramsay was onely a presumption which Ramsay denied and Reay affirmed so that they were both put under Bail and nothing appeared that did touch the Marquis for though Ramsay had been as guilty as the Lord Reay called him that left no imputation on him since none can be made answerable for those they imploy unless it appear that they followed the Instructions given them So the Marquis was dispatched to Germany Lord Ochiltree had charged the Marquis with Treason Ochiltree tried and sentenced for his Forgeries and failing so totally in his probation was sent down to Scotland to be tried where he had a legal and free Trial for his false Charge before the Justice-general and such Asâ—essors as were appointed to sit with him by the Privy Councel and had the Marquis repaid him in his own coin he could not have escaped capital punishment but he was satisfied with his own Justification and such a Censure put on the Calumniator as might deter others from the like attempts wherefore he was condemned to perpetual Imprisonment in Blackness Castle to perpetual Imprisonment and he continued there for twenty years But that all this matter may be ended at once ten years after this when His Majesty was in Scotland in the year 1641 the Marquis was prevailed on by the addresses Ochiltree made to him to procure his liberty from the King which he was to have done but at that time one Captain Stewart who had married his daughter was amongst these who discovered the alledged Plot commonly called the Incident whereof an account shall be given in its due place and this bound up the Marquis from interposing for Ochiltree's liberty lest it should have been supposed that he had done it as a kindness to his Son-in-law for that discovery which might have raised some Jealousies As for the Lord Reay and Mr. Ramsay Reay and Ramsay desired a Combat they continued the one positively affirming the other as confidently denying what was alledged but in the whole progress of the Trial the King expressed that concernment in the Marquis that he seemed earnest even to have Ramsay vindicated Ramsay carried himself very fiercely in the pursuit at length both of them desired to be judged by the Martial Court and that they might be permitted a Combat Ramsay was the more eager in that but though Reay did not decline it yet he was not so forward as the other It seems needless to give a relation of the particular procedure of this Affair though another to swell up his Volume with impertinent Stories Sandersons Life of King Charles hath at length set down the Journal of the proceedings of the Martial Court with no other design but to heap the more envy on the Marquis which he usually doth with as much ignorance as malice All the account to be added shall be in the words of one against whom there can be no exception I shall therefore set down His Majesties Letter to the Marquis upon the conclusion of this matter which is taken from the Original James His Majesties Letter about that Affair SInce you went I have not written to you of Mackay's business because I neither desire to prophesie nor write half news but now seeing by the grace of God what shall be the end of it I have thought fit to be the first advertiser of it to you I doubt not but you have heard that after long seeking of proofs for clearing the business as much as could be and formalities which could not be eschewed the Combat was awarded day set weapons appointed but having seen and considered all that can be said â—n either side as likewise the Carriage of both the men upon mature deliberation I have resolved not to suffer them to fight because first for Mackay he hath failed so much in his circumstantial probations especially câ—ncerning Muschamp upon whom he built as a chief witness that no body now is any way satisfied with his accusations then for David Ramsay though we cannot condemn him for that that is not yet he hath so much and so often offended by his violent tongue that we can no ways think him innocent though not that way guilty whereof he is accused wherefore I have commanded the Court shall be dismissed and Combat discharged with a Declaration to this purpose that though upon want of good proof the Combat was necessarily awarded yet upon the whole matter I am fully satisfied that there was no such Treason as Mackay had fancied and for David Ramsay though we must clear him of that Treason in particular yet not so far in the general but that he might give occasion enough by his tongue of great accusation if it had been rightly placed as by his foolish presumptuous carriage did appear This is the substance and so short that it is rather a direction how to believe others than a Narration it self one of my chief ends being that you may so know David Ramsay that you may not have to doe with such a Pest as he is suspecting he may seek to insinuate himself to you upon this occasion wherefore I must desire you as you love me to have nothing to doe with him To conclude now I dare say that you shall have no dishonour in this business and for my self I am not ashamed that herein I have shewed my self to be Your faithful Friend and loving Cousin CHARLES R. London May 8. 1632. But to return to our Story the King of Sweden appointed General Lesley afterwards Earl of Levin to wait on the Marquis at his landing which he desired might be at Breme The Marquis sets sail and intends for Breme and appointed his Agent to deal with the Archbishop of Breme about it who was well satisfied promising him all assistance he was also put in hope of the Auxiliary Forces to be in readiness to meet him there but seeing no other appearances besides words and promises he did not think it safe to land his little Army in a Country so distant from the Swedish Camp when the Enemy lay betwixt them so that he might easily have been cut off before they could joyn therefore he resolved to sail through the Sound but sails through thâ— Sound and land in Pomerania where none lay betwixt him and the King of Sweden On
and passed the River Sala pressing the Marquis to pass with him so afraid was he of Papenheim but the Marquis sent Sir Iacob Ashley to view the Pass who told him it was so good that he might safely march away in a quarter of an hours warning in spite of Papenheim and his Army upon which he would not stir Meanwhile Papenheim advanced with his Army but is relieved by Papenheim which he gave out to be ten or twelve thousand though it was onely 4700 men but to make the fame of it greater the Purveyors who went before him made provision for near thrice so many his men were drawn out of Garrisons and brought up in all haste and if Bannier had not been stiff it had been easie to have fought him and the least foil given him had made Magdeburg their own Papenheim getting to Magdeburg and finding that it could not be kept who leaves it marched away with the Garrison and every thing worth carrying with them but when he came out of the Town the Marquis and he fac'd one another in a Plain betwixt Kalbe and Saltsa and the Marquis though very much weaker than he yet had a great mind to have engaged but Bannier would not think of it neither had Papenheim any mind to provoke them and so he marched away thus Duke Weimar's slowness and Bannier's carefulness lost them that occasion After Papenheim was gone the Marquis entred Magdeburg where he found they had left about 40 peece of Cannon and great store of Ammunition with plenty of Corns he staid there till the beginning of February that the King of Sweden ordered him to lie about Halberstadt but his Souldiers were ill-entertained and those he had levied in Germany were pressing for Pay which should have been advanced by the King of Sweden therefore in the middle of February he went to that King who received him with his former kindness and by other Letters from His Majesty he found he was still so happy as to retain the room he had in his Heart which appeared by the two following he found there from His Majesty James I Have received four Letters from you almost all together to wit of the 23th of September of the 8th and 14th of October and of the 11th of November this last being under Henry Vane's Cover which makes me not let this Post go without letting you know of the receipt of your Letters having little other thing to write to you at this time because I am taking two or three days to make a full Dispatch to you and Henry Vane that you may know the uttermost of what you may expect from hence assuring you that in all these Conditions you shall still find me to be Your loving Friend and Cousin CHARLES R. Whitehall 16 Decemb. 1631. James YOu know that I am lazie enough in writing being willing to find excuses to write short Letters therefore though I confess that at this time I have matter sufficient to fill a long Letter yet in earnest having commanded Henry Vane to acquaint you fully with all my resolutions it were needless to trouble my self with writing or you with reading a long Letter therefore I will onely say that you will find that I neither mean to forget or break my Promises to you and that you will not be unluckie if you have but as good fortune in all your actions as is wished to you by Your loving Friend and Cousin CHARLES R. Whitehall 31 Decemb. 1631. But there were great rubs in the Treaty with England the main thing pressed by the Ambassadour was that the King of Sweden should give the Marquis an Army The King of Sweden proposeth unmeasurable terms to the King with which and the Forces and Moneys to be sent from England he should fall in on the Palatinat But the King of Sweden proposed unreasonable Conditions demanding greater Assistance from the King of Bohemia than the whole Palatinat could have given in its most flourishing Condition and some Cities of the Palatinat to be put into his hands till the Wars were ended with many other hard Conditions almost as severe as these which had been proposed by the Emperour so that the Marquis did clearly perceive Gustavus was beginning to reckon on all Germany as his Conquest and that he was to give what Laws he pleased in it Thus the Ambassadour and he were in very ill terms but he continued to use the Marquis with great civility yet he still declined to give him a Commission to levy a new Army neither would he pay him those Summes of Money he had laid out in his Service and his Chancellour said to him they knew very well he had spent none of his own Money having gotten 100000 l. from his Master He answered though that were true he and his Master were to reckon but that must not be set to their Accompt In April the Marquis desired that some order should be taken with the remainders of his Army till he got a new one for their number at that time could onely have made him a Colonel but not a General so they were reduced into two Regiments The Marquis's Army is reduced to two Regiments the one of English and the other of Scots the English were commanded by Colonel Bellandin since made Lord Bellandin and the Scots by Colonel Hamilton and they were put in Duke Weimar's Army The Marquis sent over Sir Iacob Ashley to give the King accounts of what passed who was quickly dispatched back with the following Letter James YOu did very well to acknowledge to the Chancellour of Swede his allegation concerning the 100000 l. that he supposed you had from me for His Masters Service and so much as you did reply to him thereupon was good but methinks you might have addeâ— that that would more plainly have shewed him his error which is That if his Master would not accompt to you for what I gave you yet if he will take notice of it that way it were reason not onely that he shâ—uld thank me for it but also suffer me to put it on his accompt in part of that Assistance I am to give him but if he will as he ought stand to his bargain with you then he must leave you and me to reckon together having nâ—thing to do to enquire particularly what passes betwixt us I need write little more to you at this time the trust and sufficiency of this Bearer making it needless onely to recommend him to you as you did to me and to tell you freely that you had done better in my mind if you had reserved to him the English Regiment when your Army was reduced This I write merely of my self on my word for no body knows that I do this and I never heard any blame you for it and for Jacob Ashley himself he is so far from censuring of you that you need wish to be no better than he calls you and he solicits your business
is here said of these matters shall be It is well known that in Scotland the first Reformation from the corruptions of Popery was Popular without the concurrence or allowance of Supreme Authority though the Nobility for the most part joyned in it and the Preachers being the chief actors and prosecutors of it came to have great power over the People and interest with the Nobility The Ministers were popular and factious It continued thus during King Iames his Minority but no sooner came he to assume the Government and to consider the state of the Kingdom than he found the power the Ministers had with the People was swelled to such insolence that it was more than necessary to limit it to its just bounds for nothing passed in the Court or Council but their Pulpits did ring with it and no favour was shewed to any that were Popishly affected but Jealousies were infused into the minds of the People as if Religion had been in hazard and the People being then in their first fervours against Popery were apt to take those Alarms pretty hot neither did the King cherish any who was not devoted to them but they did represent him a Favourer of Popery They also held Opinions which savoured too much of that Church which was so odious to them concerning the power of their Assemblies and their not being accountable for what they preached how Treasonable soever till it were first judged by the Church-Judicatory where all such things were sure of a mild Censure to say no worse divers other Tenets they held which were judged inconsistent with good Government But many of them being popular Preachers and of insinuative tempers they were much depended upon by the People who looked on all their Excesses as holy zeal King Iames bent all his thoughts to the regulating of this King Iames brought in Episcopacy and judging that the onely course to effectuate it was to have some few of greater temper and discretion to be set over the rest he studied by all means to get Episcopacy introduced in Scotland promising himself by that means an infallible remedy of all these Evils of which he was extremely sensible though his great Gentleness made him very slow in punishing them but they foreseeing well the Kings Intentions and the effects they might produce did as cautiously resist all his attempts that way though not without great and long opposition I shall not tell what endeavours that wise and peaceable King used for compassing of his designs nor with what hindrances they were obstructed but no sooner was he happily settled on the Throne of England but he went more roundly to work and yet it was not without opposition that he got Episcopacy settled and ratified in Parliament Anno 1612. But though great art was used to get Assemblies framed to the Kings designs he could never compass it Episcopacy being settled King Iames also erected a High Commission Court for punishing such as offended against that Constitution of the Church This Court was made up of Bishops and other Noblemen and Gentlemen but the Bishops being those who kept the Diets of it best most of the Secular persons absenting themselves often on design and the Bishops leading all matters in it it was counted their Court and the odium of all that passed there fell to their share This step being made King Iames advanced towards an Uniformity with England in Worship and other Ceremonies moved to it either that he might thereby make way for the Union of both Kingdoms which of all things he most desired or that he might root the seeds of Puritanism out of Scotland But in this he met greater opposition and all the progress he made in it was that in one Assembly it was decreed there should be a Liturgy drawn for the use of the Church of Scotland and in another at Perth the Five Articles that bore the name of that place were settled not without great contradiction and these were the Confirmation of Children Private Baptism Private Communion in cases of necessity Kneeling in Communicating the Observation of the Holy days of the Nativity Passion Resurrection Ascension and Pentecost Those were also established in Parliament Anno 1621. where the Marquis his Father was Commissioner and managed that Affair so dexterously that it gained him an equal share of esteem and hatred these things being generally very odious As King Iames was going on warily in this design he died King Iames dies lamented and admired by all the World and even those who had irritated him most when alive did bewail his Death with deep and just regrates He was succeeded in his Throne by his onely Son CHARLES the First who was zealously conscientious for Episcopacy King Charles goes on in hiâ— designs for the Church so what his Father begun out of Policy was prosecuted by him out of Conscience The Bishops therefore were cherished by him with all imaginable expressions of kindness and confidence but they lost all their esteem with the People and that upon divers accounts The People of Scotland had drunk in a deep prejudice against every thing that savoured of Popery Prejudices are conceived against the Biâ—hops This the Bishops judged was too high and therefore took all means possible to lessen it both in Sermons and Discourses mollifying their Opinions and commending their Persons not without some reflections on the Reformers But this was so far from gaining their design that it abated nothing of the zeal was against Popery they are charged with Popery but very much heightned the rage against themselves as favouring it too much There were also subtile Questions started some years before in Holland about Predestination and Grace and Arminius his Opinion and Arminianism as it was condemned in a Synod at Dort so was generally ill reported of in all Reformed Churches and no-where worse than in Scotland but most of the Bishops and their Adherents undertook openly and zealously the defence of these Tenets and breach of Sabbath Likewise the Scotish Ministers and People had ever a great respect to the Lords Day and generally the Morality of it is reckoned an Article of Faith among them but the Bishops not onely undertook to beat down this Opinion but by their Practices expressed their neglect of that Day and after all this they declared themselves avowed Zealots for the Liturgy and Ceremonies of England which were held by the Zealous of Scotland all one with Popery Upon these accounts it was that they lost all their esteem with the People Neither stood they in better terms with the Nobility The Nobility became jealous of them who at that time were as considerable as ever Scotland saw them and so proved both more sensible of Injuries and more capable of resenting them They were offended with them because they seemed to have more interest with the King than themselves had so that Favours were mainly distributed by their
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
as also that many of the Covenanters were broken in their Estates so that if Justice were patent some of the most troublesom of them might be driven away but chiefly the settling them again in Edinburgh looked like a resolution of going on with a Treaty of which it was fit they should be persuaded till the King were in a good posture for reducing them He tried what assurance he might have of the Lords of the Session being fixed to their Duty Divers of them who were no ill-wishers to the Kings Authority yet durst not own it being threatned by the Covenanters of some he had all reason to hope well yet the greater part of that Court what through fear what through inclination was so biassed that he saw little hope of prevailing with the Colledge of Justice whether Judges or Lawyers to declare the Covenant seditious or treasonable and he was secure of none who sate on the Bench save Sir Robert Spottiswood President Sir Iohn Hay Clerk-Register and Sir Andrew Fletcher of Innerpeffer Halyburton of Fotherance and one or two more the first of these was among the most accomplished of his Nation equally singular for his Ability and Integrity but he was the Archbishop of S. Andrews his Son and so his Decision in that would have been of the less weight On the 16th of Iune the Covenanters came and presented their Petitions to the Marquis craving a present redress of their Grievances The Covenanters press speedy satisfaction otherwise they said they would be put off no longer by delays and they desired he would propose the matter to the Council and give them a speedy Answer He told them that His Majesty did resolve to call both an Assembly and Parliament for the redress of all Grievances but if this was not yet done they had nothing but the Disorders of the Country to blame for it which should be no sooner composed but all their Desires should be fully examined They went away no way satisfied with this Answer but the Marquis found all the Lords of Council inclined to the granting of what they demanded so that he durst call no Council about it lest they should have avowedly sided with the Covenanters of which he advertised His Majesty shewing him that persons of all ranks pressed him to represent to him that the Covenant was not illegal and that if His Majesty would allow of the Explication of the Bond of mutual Defence Many move that an Explanation of the Covenant might be received which they offered that they meant not thereby to derogate any thing from the Kings Authority for whom they were ready to hazard their Lives all might be settled without more trouble either to the King or Country and that otherwise it must needs end in Blood He desired His Majesty would consider well in what forwardness his Preparations were before he hazarded on a Rupture lest if they had the start of him all his faithful Servants in Scotland should be ruined ere he could come to their rescue England wanted not its own Discontents and they in Scotland seemed confident that they had many good Friends there France had not forgot the Isle of Rhea and had certainly a hand in cherishing those Broils in Scotland He also added the Covenanters resolution was upon the first Rupture to march into England and make that the seat of the War Upon all this he craved His Majesties Pleasure which he would punctually obey and ended begging pardon for the fair hopes he had given him in his last protesting that his desire of seeing Royal Authority again settled without a bloody Decision for which he was gladly willing to sacrifice his Life made him too easie sometimes to believe what he so earnestly desired Thus I give the most material Heads of the Marquis his Dispatches to His Majesty for though the Originals of them be in my hands yet they are not inserted both because of their being too long and too particular for publick view as also that the substance of them may be seen in the Kings Answers which for many reasons are set down at their full length But to this I shall adde a surprising thing that I find the Archbishop of S. Andrews was for accepting an Explanation of the Covenant for a draught of it yet remains under his Pen which follows The Archbishop of S. Andrews his draught of an Explanation WE the Noblemen Barons Burgesses Ministers and others that have joyned in a late Bond or Covenant for the maintaining of true Religion and purity of Gods Worship in this Kingdom having understood that Our Sovereign Lord the Kings Majesty is with this our doing highly offended as if we thereby had usurped His Majesties Authority and shaken off all Obedience to His Majesty and to His Laws for clearing our selves of that Imputation do hereby declare and in the presence of God Almighty solemnly protest that it did never so much as enter into our thoughts to derogate any thing from His Majesties Power and Authority Royal or to disobey and rebell against His Majesties Laws and that all our Proceedings hitherto by Petitioning Protesting Covenanting and whatsoever other way was and is onely for the maintaining of true Religion by us professed and with express reservation of our Obedience to His most Sacred Majesty most humbly beseeching His Majesty so to esteem and accept of us that he will be graciously pleased to call a National Assembly and Parliament for removing the Fears we have not without cause as we think conceived of introducing in this Church another form of Worship than what we have been accustomed with as likewise for satisfying our just Grievances and the settling of a constant and solid Order to be kept in all time coming as well in the Civil and Ecclesiastical Government which if we shall by the intercession of Your Grace obtain we faithfully promise according to our bounden duties to continue in His Majesties Obedience and at our utmost powers to procure the same during our Lives and for the same to rest and remain Your Graces obliged Servants c. His Majesties Answer follows Hamilton I Do not wonder though I am very sorry for your last Dispatch to which I shall answer nothing concerning what you have done or mean to doe because I have approved all and still desire you to believe I do so untill I shall contradict it with my own Hand What now I write is first to shew you in what Estate I am and then to have your Advice in some things My Train of Artillery consisting of 40 Peece of Ordnance with the appurtenances all Drakes half and more â—f which are to be drawn with one or two Horses apiece is in good forwardness and I hope will be ready within six weeks for I am sure there wants neither Money nor Materials to doe it with I have taken as good order as I can for the present for securing of Carlisle and Berwick but of this you
they may be aâ—sured as well as I that your up-coming is neither to desert them nor it And thus certainly if as you write you get the mutinous Multitude once dispersed you will have done me very good Service for I am confident that my Declaration published before your coming away according to the Alterations that I have given you leave to make will give some stop to their Madnesses however your endeavours have been such that you shall be welcom to Your assurâ—d constant Friend CHARLES R. Greenwich 29 June 1638. The King did also signifie to him by my Lord of Canterbury that he appointed him to adde to the Declaration some general words giving hopes of an Assembly and Parliament by whom also he gave him Warrant for calling the Session to Edinburgh To this I shall adde a Letter of the Bishop of Ross to the Marquis which will shew what sense the Bishops had of his Proceedings all this while My Lord may it please your Grace Letter from the Bishop of Ross to the Marquis WE are exceeding sorry to hear that the success of your Lordships Travels in this difficult Business is otherwayes than good Christians and Subjects do wish and heartily pray for but on the other part are glad to hear from our Friends there that whereof we were ever confident that nothing is omitted by your Lordship to effectuate what is necessary for His Majesties Honour and expedient for the good and quiet of that poor distracted and distempered Kingdom For my own part give me leave without either flattery or presumption to say ingenuously that the Course your Lordship keeps seemeth to be such as all good and wise men must approve your Lordships wisdom and Loyalty Infallibly the fruit will be besides the Warrant your Lordship hath in your own Conscience by this Noble and Wise carriage your Lordship must be more if any accrewment can be to former Deserts beloved of your Master it will indear your Lordship more to all good wise and well-affected Patriots and oblige all especially honest Church-men to be your Servants It cannot seem strange to any wise heart who looks on the Distemper of that Kingdom wherein is the concourse of so many different and divers Distempers where so many of all sorts of different Iudgements and no less variety of Affections are so strongly engaged and where many have their own private ends that the best wisest and most powerful Agents are not able on a sudden to rectifie their Iudgements cure their Affections and by disappointing the private intentions of some to reduce all to Order Peace and Quiet In any great Work of this strain we must all rely somewhat more on the wise and gracious Providence of God than in other ordinary accidents He is able to work good out of ill light out of darkness and order out of confusion which I pray God heartily we may see to His Glory the Kings Honour and Peace of the Church and State without any other effect upon any author or abetter of these Disorders but of Gods Mercy and His Majesties Royal Clemency In this I fear I have exceeded more possibly than becomes me with your Grace but as I humbly beg pardon so I trust your Lordships Goodness will easily pardon the expressions of a poor Heart surcharged with grief not so much flowing from or following the fear of any Personal or Private evil can befall it as fearing the danger the Publick is in because of our Sins which are calling for Vengeance God of his Mercy give us Repentance and be merciful to that Church and State We can return nothing for your Lordships care and kindness to us but humble and hearty thanks and earnestly pray God Almighty for all Honour Wealth and Happiness to your Lordship here and hence As your Lordship hath commanded us we shall go from hence and where we pitch our abode with the first opportunity shall acquaint your Lordship We were adâ—ised by our best friends to doe so before we received your Lordships but that Obedience we owe and promised to His Majesty and your Lordship made us that we would not stir for any Advertisement or Advice how necessary or affectionate soever till we had your Lordships Warrant All that kind respect which is above our desert and condition and tender care your Lordship hath expressed to us for our safety and that which your Lordship hath superadded out of your noble Bounty desiring us to be so bold as to shew your Lordship what Money or any thing else necessary we stand in need of that your Lordship may supply our necessity in this hath so perplexed us for a time that we knew not what to choose on the one part being ashamed to doe it both because it seemeth impertinent and incongruous to trouble one of your Lordships Honour Place and Imployment with matters of this kind and especially so unreasonably at such a time when your Lordship is at such charge for the Honour of His Majesties Service as also that we are unprofitable and cannot be useful to your Lordship in any kind and so how should we to other troubles we make your Lordship adde this to be chargeable yet your Lordships noble and generous offer and the necessity we are cast into at this present that what is our own or due to us we cannot command and know as little who will do us the favour at this time to trust us hath made us seeing Obedience is better than Sacrifice to cast our selves upon your Lordships Bounty and Favour fearing on the one part your Lordship may be offended if we doe it not and on the other that otherwise we cannot be provided Therefore I humbly intreat your Lordship to let me have with the Bearer a hundred and fifty Pieces payable at Whitsunday next with the Interest or Martinmass as your Lordship pleases for which your Lordship shall receive from the Bearer my own personal Bond. Here and at this time I cannot give better Security but by Gods Grace your Lordship shall be in no danger come the world as it will I have more than need to beg humble pardon for my unmannerly and impertinent importunities in troubling your Lordship at this time taken up with weighty Affairs if it were but to read this long Paper and that I offend no more in this kind I shut up all with my hearty Prayers to God Almighty for all Honour and Happiness to your Lordship and an effectual blessing upon your Travels So wisheth he who shall be whilest he lives Your Graces most humble and bounden Servant IO. ROSSEN Berwick 29 June 1638. The Marquis had Orders from His Majesty to see the Bishops or other Churchmen who suffered for their Duty relieved out of the Treasury but that was exhausted yet the Marquis was careful that none of them should want and therefore supplied them liberally out of his own Money even without taking from them any Legal Security for repayment as appears by
offer or intend any injury or revenge against them or any one of them for the Premises making his cause and part that is pursued all our parts notwithstanding whatsoever privy grudge or displeasure standing betwixt us which shall be no impediment or hinder to our said effauld joyning in the said common cause but to lye over and be misken'd till they be orderly removed and taken away by the Order under-specified To the which time we for the better furtherance of the said Cause and Service have assured and by the tenour hereof every one of us taking the burden upon us for our selves and all that we may let assure each other to be unhurt unharmed or any ways to be invaded by us or any our aforesaids for old Feid or new otherwise than by ordinary course of Law and Iustice neither shall we or any of our foresaids make any Provocation or Tumult Trouble or Displeasure to others in any sort as we shall answer to God and upon our Honours and Fidelity to His Majesty And for our further and more hearty Vnion in this Service we are content and consent that all whatsoever our Feids and Variances fallen or that may fall out betwixt us be within forty days after the date hereof amicably referred and submitted to seven or five indifferent Friends chosen by His Majesty of our whole number by their moderation and arbitrement compounded and taken away And finally that we shall neither directly nor indirectly separate or withdraw us from the Vnion and Fellowship of the remanent by whatsoever suggestion or private advice or by whatsoever incident regard or stay such resolution as by common deliberation shall be taken in the premises as we shall answer to God upon our Consciences and to the World upon our Truth and Honours under the pain to be esteemed Traitors to God and His Majesty and to have lost all Honour Credit and Estimation in time coming In witness whereof by His Majesties special Command Allowance and Protection promised to us therein we have subscribed these presents with our Hands at 1589. The Marquis being thus again dispatched took journey to Scotland and at Ferrybridge he met the Bishops The Marquis finds the Bishops jealous of him to whom he signified His Majesties Pleasure at which they seemed infinitely grieved and spoke against it with so great vehemency as clearly told they were no way pleased with the Marquis yet they resolved to keep the Assembly and in the mean while to send one of their number to Court to which he gave way The Archbishop of S. Andrews seemed willing on a good Composition to quit his Place of Chancellour and the Marquis offered him 2500 l. Sâ—erlin with which he was satisfied Hitherto the Marquis had wrestled against the Malice and Jealousies of the Covenanters and now Storms begun to rise from another Hand which ceased not to persecute him to his Grave but the Truth of this Narration will best discover both their Injustice who charged him and his Innocence He holding on his Journey came to Holyroodhouse on the 17th of September He comes to Scotland and finds some Jealousies amongst the Covenanters where he found Jealousies beginning to arise betwixt some of the wiser Ministers and the Lords of the Covenant concerning the Lay-ruling-elders which he was resolved to cherish with all the Art he was master of causing some represent to the Ministers that if they gave way to that inordinate Power Gentlemen were pretending to in Church-matters it might end in a greater Servitude than any they had ever reason to fear from either King or Bishops this was well considered by many but they were over-ruled He also found the Covenanters were ready immediately to have indicted an Assembly if he offered at any more delays and therefore resolved to give them present satisfaction But his first Work was to deal with the Lords of the Council most of whom he found abundantly satisfied with His Majesties Gracious Offers so that he began again to gather some hopes and to the first accounts he gave His Majesty he had the following Return Hamilton IF I should be too long silent I might seem to contradict that Rule which my self prescribed therefore though for the present I can say nothing of the main business yet this must go if it were but to acknowledge the receipt of your two viz. of the 12th of September from Ferribridge and of the 17th of the same from Holyrood-house So referring you to the Comptroller for what concerns the Ordnance that is to be transported to Hull I rest Your assured constant Friend CHARLES R. Hampton-Court 22 Sept. 1638. Upon the 20th of September the Covenanters sent to ask the Marquis when they might wait on him to know His Majesties Pleasure The Marquis lets the Kings intentions to be known he answered when they would for he was resolved to hold a Council next day and the day following to publish it So on the 21th in the morning they came to him he told them he was going to Council to make His Majesties Pleasure known which should be also known at the Cross next day but for their present joy he told them that the King had granted all they had desired and more also and that a free Assembly and Parliament should be immediately indicted Some did hang their heads and seemed surprized yet they expressed thanks He also spoke frankly to some of them telling them what the particulars were which His Majesty had granted for having opened them to so many PrivyCouncellours at which the Covenanters were troubled he could not think but all was known to them They seemed reasonably well satisfied onely they pressed him to desist from renewing the Confession of Faith for they clearly saw that this could not but take off a great many and would heal most of the Subjects of the Jealousies they had been infusing in them but he resolved to hear of no delay having made most of the Councellours sure before-hand and that by Oath The Council sat in the afternoon and it was a very frequent Meeting After they were set the Marquis with all the Art and Industry he could think of He proposes the matter in Council laid out His Majesties Gracious Intentions for the Preservation of the true Reformed Religion and the Laws and Liberties of that Kingdom and that for the saving it from utter ruine and keeping of peace in the Land he had done many things to which he had never been induced to have given way except out of that Consideration Then was the Kings Letter to the Council read which was of the same strain with the Instructions after which there was a general silence But the Marquis not willing that should last long much less that any whose affection he suspected should begin the Discourse desired Traquair to speak who spoke as he used to do both long and well After that he called up ten or twelve of whom he was
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
the Exchequer for payment the Marquis gave him Security out of his own Estate for it and at the same time the Archbishop of S. Andrews resigning the place of Chancellour he gave him also Security for two thousand five hundred pounds Sterlin out of his own Fortune so ready was he to go through with His Majesties Affairs and to hazard the ruine of his Fortune and Family for the Treasury of Scotland was so entirely exhausted that there was no Money in it And though no Payments were made the Marquis for the great Expence he was at yet in all his Letters to the King he never once complained of it nor did he press the King to send him Money except onely ten thousand pounds Sterlin which he earnestly called for to distribute among the Bishops and other poor Ministers who were ruined for their Duty to the King and though this was not sent he suffered none of them to be pinched but supplied them in all their straits for which the Bishops made great Acknowledgments not onely to himself but to my Lord of Canterbury who returned him many thanks in their Names Concerning all these particulars His Majesty wrote to him the following Letter Hamilton THe Letter that Ro. Lesley gave me this day from you though it be long yet will require but Answer by me in two particulars the rest you will find answered by my Lord of Canterbury to wit the Castle of Edinburgh and the Supply of Money to the Bishops To the first I totally agree both for the Man to be put into it and the Summe of Three thousand pounds Sâ—erlin if you can draw it no lower for the other I cannot say how soon I shall be able to doe it Expence daily increasing and in particular the securing of Berwick and Carlisle being of necessity to be done as you know in the middle of the next Moneth But I hope in God at furthest before Christmass yet I cannot promise it with that secrecy that would be wished for I find the way by the Prince of Orange both unpracticable and unsafe So both pitying and praising your Pains in my Service I rest Your assured constant Friend CHARLES R. Whitehall 8 Nov. 1638. Ruthwen made Governour but the Castle is ill furnished Having got the Castle of Edinburgh into his hands he advised the King to trust Gen. Ruthwen who had returned from the German Wars loaded with Fame with the keeping of it to which His Majesty consented And this may sufficiently clear the Marquis of all other Designs but those his Duty inspired him with since to the greatest Trust in Scotland considering those Times and the Command that Castle hath over Edinburgh he recommended one whosâ— Loyalty was as invincible as his Courage But the Marquis having visited the Castle found it in the worst case imaginable not a Musquet but one in it and it not for Service very little Powder and not a Yard of Match The buying the Command of the Castle made so great a noise that he durst not proceed to the furnishing it with Men Victuals and Arms all which were wanting till the first Heats were over and the Body of the Covenanters had gone to Glasgow for besides that they set Guards about it had they set upon it they would have infallibly carried it by starving them within who were able to doe them no hurt Ruthwen would not go to the Castle till it were better furnished neither did the Marquis think fit to change the Captain of it too soon But finding him no Covenanter and having taken his Oath in writing which is yet extant never to surrender it but with his Life he laid down the best course he could for furnishing it which he got no opportunity to doe as we shall see hereafter Now was the Bishop of Ross Bishop of Ross comes from London whom my Lord S. Andrews and the other Bishops had sent to London dispatched home again who brought with him the following Letter from His Majesty Hamilton I Would not answer your two of the 14th and 15th of this moneth till I had fully dispatched the Bishop of Ross whom I have sent away not onely well instructed but well satisfied with my ways It is true that his Instructions were not totally according to our Grounds but I made him alter I am confident as well in Iudgment as Obedience for upon discourse he much approved of my Alterations confessing likewise that you upon the place may find reason to make more wherefore all is referred to you as well what I answered as what not so leaving and recommending him to your care I come to answer your last Letters with the account of which I am much more satisfied than your other Dispatch before as likewise you have fully satisfied me in all my Queries and in particular I confess clearly you had reason to joyn the Covenanters with my honest Servants for procuring of Subscriptions to my Bond because I see the Council would have it so But certainly it had been better otherwise if you could have done it with their consent In short I am truly and fully satisfied with all your Proceedings so that you may be confident that I am Your assured constant Friend CHARLES R. Whitehall 24 Octob. 1638. The draught of the Bishops Declinator was revised by the King The Kings Observations on the Bishops Declinator and His Majesty made divers Observations and Amendments with his own Hand yet extant which Paper though not so clearly to be understood unless the first draught of the Declinator were to be set down with it which is not in the Writers power yet may give some satisfaction and at least will both shew how tender His Majesty was of any thing which might give new Irritations to his distempered Subjects and how diligently himself reviewed all Papers His MAJESTIES Observations upon the Declinator CHARLES R. THe second reason to be advised with my Lord Commissioner whether or not it be safe at this time to except against the Form of the Publication of the Indiction of the Assembly The third is a very good reason against the Proceeding of the Assembly but will not infer a Nullity In all the reasons where the Assembly is called a pretended Assembly it is His Majesties Pleasure that the word pretended be deleted out of the Copy shewed to His Majesty For the seventh reason if it offend not the inferiour Clergie His Majesty is contented with it In the ninth reason to omit the precondemning of the Service-book Book of Canons and High Commission The tenth reason is so full that the eighth may be totally omitted The eleventh reason militates abundantly against all those who hold such Tenets that they cannot Voice in the Assembly though it infer not an absolute Nullity of the Assembly The thirteenth de loco tuto accessu tuto to be totally omitted The fourteenth and last to be totally omitted In the conclusion thereis one clause markeâ— by His Majesties
own Hand which is to be omitted Whitehall 19th October 1638. The Marquis having got clear Directions in every particular for not so much as the Speech he was to have at Glasgow but was sent up and returned with the Kings Superscription a few lines of the first draught being onely dashed out by His Majesty he resolved to set out for Glasgow on the 16th of November But before he went he declared in Council that His Majesties positive Pleasure was that Episcopacy might be limited but not abolished and delivered them a Letter from the King commanding them to follow him to Glasgow and required the Kings Advocate to prepare himself to defend Episcopacy to be according to the Laws of Scotland he answered that it was against his Conscience to doe so and that he judged Episcopacy both contrary to the Word of God and to the Laws of this Church and Kingdom This brisk Answer though it was no surprize to the Marquis put his temper to a greater trial than any thing he met with in Scotland he threatned him with taking his Place from him but he answered him boldly that his Right to it was ratified in Parliament So he could do no more for that time but command him not to come to Glasgow which he obeyed On the 17th of November the Marquis came to Glasgow The Marquis goes to Glasgow and thither came to him a Letter from the Bishops of Ross and Brechin whom he left in Hamilton till he had opportunity of conveying them securely to the Castle of Glasgow which he did The night after he received the Letter that follows May it please your Grace WHat came from my Lord S. Andrews is herewith enclosed We humbly and heartily thank your Grace for your excessive favour and kindness towards us we must take it the more kindly that we know at such a time it is to let others see what respect your Grace carries to our Coat for our selves we could more willingly chuse a more sober diet and less ease considering our own Sins and the difficulties of the Times do admonish us rather to fast than feast to afflict our Souls rather than to relish any worldly pleasure But above all we two for our selves and in name of our Brethren do with most thankful hearts acknowledg your Graces most pious care of the Liberties of this poor distressed and distracted Church and especially the sollicitude and care your Grace hath that our Protestation be orderly done secretly kept and seasonably presented before either the Cause or we â—hat are Bishops suffer wrong It is that which now concerneth us most and is dearest to us both for Conscience before God and our credit to the present Age and future and we cannot express how happy we are to have in this Exigent such a Pious and Noble Patron careful and sollicitous with the most tender affection both of our Cause and Persons where otherwise with the greatest loss at least hazard can be to discharge our Duty to God and his Church we should be necessitated to doe it our selves and haply neither with so much safety nor honour God will reward your Grace we are confident and bless your Grace and yours for we dare aver in this Division your Grace hath made choice of the better part The Difficulties are great the Hopes none but too pregnant Fears to the contrary yet it is the more like to be Gods Cause that his Work may appear and it may be called digitus Dei and marvellous in our eyes Mans extremity is Gods opportunity We have given Doctor Hamilton our best directions which we submit humbly to your Graces better Iudgement to add and command what you think fit he needs no more Deputation but the inserting of his Name in the Procuratory which is in the close of the Declinator Above all we have recommended to him a care that it may be timeously presented but in this we trust only to your Grace As we pity the Difficulties your Grace is cast into so shall we be earnest supplicants to God Almighty to bless and preserve your Grace in this and all other Services wherewith God and His Majesty hath trusted you Your Graces most humble and bounden Servants Iohn Rossen Wal. Brechinen Hamilton Nov. 20. 1638. POSTSCRIPT What goes from my Lord of St. Andrews directed to me I beseech your Grace to open and read for your own use Because of an ambiguous word which was in the Paper the Marquis was to offer in His Majesties Name to the Assembly so strictly conscientious was His Majesty The strictness of his Majesties Conscience that he wrote His sense of it in the following Letter that found him at Glasgow Hamilton THis is rather to give the reason of My Answer than the Answer it self you being to receive it at large by My Lord of Canterbury The truth is that the same reason which made me blot out the whole Sentence before hath made me desire to alter a word now to wit that I should not be thought to desire the abolishing of that in Scotland which I approve and maintain in England namely the Five Articles of Perth now the word content expresses enough my consent to have them surcease for the present but the word pleased methinks imports as much as if I desired them to take them away or at least were well-pleased that they should doe so But I leave it to your ordering so that you make it be clearly understood that though I permit yet I would be better pleased if they would let them alone and so I rest Your assured constant Friend CHARLES R. Whitehall 21th of Novemb. 1638. At Glasgow the Marquis found the greatest confluence of People The Assembly sits at Glasgow that perhaps ever met in these parts of Europe at an Assembly On the 21th they sate down Mr. Bell Minister of Glasgow preached as the Marquis had ordered The Marquis judged it was a sad sight to see such an Assembly for not a Gown was among them all but many had Swords and Daggers about them when they were set he as Lord Commissioner begun with this Speech My Lords and the rest of this Reverend Assembly The Marquis his Speech THE making of long Harangues is not suitable either with my Education or Profession much less with this Time which now after so much Talking ought to be a time of Action I pray God that as a great and I hope the worst part of mens Spirits hath been evaporated into bitter and invective Speeches so the best and last part of them may be reserved for Deeds and these answerable to the Professions which have been made on all sides when this great Assembly should come For the Professions which have been made by Our Sacred Soveraign whom God long preserve to reign over us I am come hither by His command to make them good to His whole People whom to His grief He hath found to have been poysoned by whom I know
speak with my Lords of Glasgow Brechin and me that we may be acquainted by him of your Graces commands God in his mercy bless you in this difficult Work Your Graces most humble and bounden Servant IO. ROSSEN Castle of Glasgow 22th Nov. 1638. at 7 a clock in the morning The Constitution of the Assembly They were about two hundred and sixty Commissioners besides that from every Presbytery there were also Assessors from some two three four or more who pretended to no Vote but only to give Advice so that in all they made a great number Some Commissioners there were who could neither read nor write and yet these were to judge of Heresie and condemn Arminius his points All depended on a few that were more Learned and Grave who gave Law to the rest The Marquis staved off the choosing of the Moderator the first day and desired them first to receive in the Commissions and examine their Elections but he soon foresaw he could not run a great way with them and that they were resolved stoutly to disobey and were beginning in their Cabals to threaten to seize on his Person and on such of the Council as should withstand them But he resolved not to quit the Grounds were laid down to him follow on it what would yet finding afterwards that there were surmizes of Designs upon his Life he judged himself bound to let His Majesty know all he understood of the Aâ—â—airs of Scotland since his last coming from Court The Marquis gives the King a full account of the State of Affairs Therefore he sent up Sir Iames Hamilton with a full account of all matters containing likewise the Characters of all the Councellours together with his Advice to His Majesty how to reduce the Country to his Obedience those he commended most to the King and of whose Adherence he had received the fullest assurances were my Lords of Traquair Roxburgh Perth Tullibardin Kinnoul Seaforth Lauderdale Southesk Hadingtown and Daliel but above all the Marquis of Huntley whose cordial affection to His Majesties Service he highly magnified His advice was that Berwick and Carlisle should be secured of which he put the King in mind almost in every Letter that His Majesty was to send a Fleet of some of his Ships to lie in the Frith and to be plying from that to the North to block up their Trade and also some others to ply from the Mule of Galloway to Kintire marking to the King the Roads and Harbours whither they might retire Next His Majesty was to come down with a Royal Army and this he was assured would either teach them or force them to Reason but because upon a Rupture they in Scotland would no doubt presently fall on those who adhered to His Majesty therefore he advised that there might be Commissions of Lieutenantries sent to the Marquis of Huntley for the North and to the Earls of Traquair and Roxburgh for the South that all might gather to them upon the Breach He also spared not to shew the King how the Bishops had miscarried and that their Ambition had been great but their Folly greater His Majesty expressed His sense of this Dispatch in the following Letter Hamilton I Have sent back this honest Bearer both for safety of my Letters and to ease me from length of Writing therefore in a word I thank you for your full and clear Dispatch totally agreeing with you in every point thereof as well in the Characters of Men as in the Way you have set down to reduce them to Obedience onely the time when to begin to act is considerable to this end I have fully instructed this Bearer with the state of my Preparations that you may govern your business accordingly Onely I must tell you that you have given me so good satisfaction that I mean not to put any other in the chief Trust in these Affairs but your self So remitting you to this Bearer I rest Your assured constant Friend CHARLES R. Whitehall 3 Decemb. 1638. At Glasgow on the second day of the Assembly's Sitting they went to the Election of the Moderator The Affairs of the Assemblâ— but the Marquis desired that they might first hear His Majesties Letter which thereupon was read After that he moved that they would read the Bishops Declinator which was presented to him by Dr. Hamilton but that they refused saying they must first be constituted before they could consider of any business Upon this he protested which with all the other Instruments that he took is yet extant under the Clerk of Registers hands Mr. Henderson was chosen Moderator Then the Marquis desired that his Assessors who were onely six to wit the Earls of Argyle Traquair Roxburgh Lauderdale and Southesk and Sir Lewis Stewart might also have a Suffrage but this was refused and so they would give the King but one single Vote though the Town of Edinburgh had two in their Assembly Upon this also the Marquis took Instruments according to the Scotish Forms and thus for a few days he went on in the Assembly protesting at every step but as he was consulting what to doe he received the following Letter Hamilton COncerning our Preparations here I have commanded the Comptroller to give you a full account of which you may take publick notice and declare That as their Carriage hath forced me to take care to arm my self against any Insolence that may be committed so you may give assurance that my care of Peace is such that all those Preparations shall be useless except they first break out with insolent Actions Now for Answer to your Letter it was never heard that one should be both Iudge and Party besides the Lawfulness of the Iudicatory must be condescended upon before any Cause can be therein lawfully determined therefore I say that the Assembly can in no case be Iudge of their own Nullities yet you have reason not onely to make good what I have promised but also to promise them a new Assembly upon the amendment of all the Faults and Nullities of this I approve of both your Bargains and shall take care that you shall not lose by them and so I rest Your assured constant Friend CHARLES R. Whitehall 17 Nov. 1638. And two days after that he got the following Letter Hamilton THis is rather to shew you that I do not forget you nor your pains than for any Answer that your last Leter needs it being more of Accounts than Demands Onely I shall tell you that you needed not to have made an Excuse for asking the Ten thousand pounds Sterlin for I know that there is but too much use for it and the more I consider it I find you have the more reason therefore I assure you that what may be done shall be done in this and with what speed is possible and so I rest Your assured constant Friend CHARLES R. Whitehall 21 Nov. 1638. His Majesty was also pleased to take such notice of Dr. Balcanqual
His Majesty and use the utmost of my Intercession with His Sacred Majesty for the Indiction of a new Assembly before the meeting whereof all these things now challenged may be amended if you shall refuse this Offer His Majesty will then declare to the whole World that you are disturbers of the Peace of this Church and State both by introducing of Lay-elders against the Laws and Practices of this Church and Kingdom and by going about to abolish Episcopal Government which at this present stands established by both the said Laws two points I dare say and you must swear it if your Consciences be appealed to as was well observed by that Reverend Gentleman we heard preach the last Sunday which these you drew into your Covenant were never made acquainted with at their entring into it much less could they suspect that these two should be made the issue of this business and the two stumbling-blocks to make them fall off from their Natural Obedience to their Soveraign Mr. Henderson made a long Speech Mr. Henderson answers wherein he said much to the magnifying of the Kings Authority in matters Ecclesiastical calling him The Vniversal Bishop of the Churches in His Dominions with other such like Expressions which gave no small disgust to many of the zealous Brethren but in the end he said that we must render to God the things that were Gods as well as to Caesar the things which were Caesars and spoke much for vindicating their Proceedings and charging the Bishops And after him many of the Lords spoke about the Freedom of the Assembly to whom the Marquis replied AS for your pretence of your unlimited Freedom The Marquis replies you indeed refused so much as to hear from His Majesties Commissioner of any precedent Treaty for the preparing and right-ordering of things before the Assembly alledging that it could not be a free Assembly where there was any Prelimitation either of the Choosers or of those to be chosen or of things to be treated of in the Assembly but that all things must be discussed upon the place else the Assembly could not be free but whether you your selves have not violated that which you call Freedom let any man judge for besides these Instructions which it may be are not come to our knowledge we have seen and offer now to produce four several Papers of Instructions sent from them whom you call the Tables containing all of them Prelimitations and such as are not onely repugnant to that which you call the Freedom but to that which is indeed the Freedom of an Assembly Two of these Papers were such as you were contented should be communicated to all your Associates to wit that larger Paper sent abroad to all Presbyteries immediately after His Majesties Indiction of the Assembly and that lesser Paper for your meeting first at Edinburgh then at Glasgow some days before the Assembly which Paper gave order for chusing of Assessors and divers other particulars but your other two Papers of Secret Instructions were directed one of them onely to one Minister of every Presbytery to be communicated by him as he should see cause but to be quite concealed from the rest of the Ministers the other Paper was directed onely to one Lay-elder of every Presbytery and to be communicated by him as he should see cause but to be quite concealed from all others in both which Papers are contained such Directions which being followed as they were have quite banished all Freedom from this Assembly as shall appear by reading the Papers themselves These he caused read but they were disowned by the Members of the Assembly and they said they might have been the private Opinions of some but did infer no Prelimitation on the Assembly to which the Marquis answered That all the Elections being ordered according to these was a clear proof they were sent by an Authority which all feared to disobey And after that he told That for many moneths the Orders of the Table had been obeyed by all but he would now make a trial what Obedience they would give to the Kings Command and protested that one of the chief Reasons that moved him to dissolve this Assembly was to deliver the Ministers from the Tyranny of Lay-elders who if not suppressed would as they were now designing the ruine of Episcopal Power prove not onely Ruling but Over-ruling-elders By this time his Heart was so full of Grief which was easily to be observed by divers Indications that almost all present were affected with it In end seeing nothing said in reason did prevail he in His Majesties Name dissolved the Assembly and dissolves the Assembly but they continued to sit and discharged their further Proceeding under pain of Treason Mr. Henderson and the Earl of Rothes answered him that they were sorry he left them but their Consciences bore them witness they had hitherto done nothing amiss so they could not desert the Work of God protesting much of their Duty and Obedience to the King in its due line and subordination and after this a long Protestation was begun and read This being done the Marquis presently went out and called a new Council The Council approved of it to whom he told how sorry His Majesty would be for this Breach and how really desirous he was to have done all was possible for satisfying of his Subjects but that their Behaviour had extorted what was done he therefore encouraged them all to their Duty to the King assuring them that whatever any of them might suffer for it His Majesty would see they should be no losers From this Council the Earl of Argyle withdrew and fully cleared all Jealousies about him for he told the Marquis in plain Language he would take the Covenant and own the Assembly But most of the Councellours seemed satisfied with the Marquis his Carriage in the Assembly particularly all his Assessors Argyle onely excepted yet the Marquis durst not offer the Proclamation for dissolving the Assembly to be signed in Council for fear of a refusal not having tried them all in it beforehand but got most of them to sign it next morning and then he sent it to the Market-Cross to be proclaimed where it met with a new Protestation Argyle's Example was followed by some few Privy-Councelours whose declaring themselves the Marquis judged rather an advantage than a loss The Council also wrote a Letter to the King highly commending the Marquis his zeal and industry in what had passed in the Assembly which is in the Large Declaration to which the Reader is referred for the perusal of all the Papers set down there at length these being onely inserted here that were not then made publick Thus he left Glasgow and went first to Hamilton The Marquis returns to Edinburgh carrying some of the Bishops with him for their security from hazard and after two or three days stay there went to Edinburgh hoping that as he had outlived their
Threats he should ere long see His Majesty master their Insolence and from thence he gave His Majesty an account of what had passed since his last together with a desire for a Permission to come and wait on him to which the King wrote the following Answer Hamilton I Never expected other than that you would have too just grounds to dissolve this Assembly The King approves of his dissolving the Assembly and certainly I were very unjust if I did not approve you therein since not onely your Instructions warrant you the same but even the Council hath testified to me the Necessity of it And now I shall lay before you some Considerations in the first place to take care that yâ—ur coming away do nâ—t cast things so loose that the honest men â—f my Party do believe that you leave them as in a case desperate or at least that by your Absence they be denuded of Advice and Protection therefore I hope before you come up you will take so good order that your Absence do neither dishearten nor prejudice my Party As for my Preparations I doubt not but ere this you have had a full account by your Cousin Sir James whereby you find that I shall not be able to shew my self like my self before February or March wherefore I lay it to your Consideration whether it were not fit to give hopes that the Parliament shall hold notwithstanding all the impertinencies of this last Assembly so that their Follies break not out into open Acts of Rebellious Violences and really I will not say but that things may be so prepared it may be fitting that it should hold To conclude I hope you do not conceive that the Date of your Commissionership is out wherefore I expect that if you find cause you send out Commissions of Lieutenantries to Huntley fâ—r the North and to Traquair or Roxburgh either joyntly or severally as you shall find most fit for the South yet all as subaltern to you This I confess is not to be done but upon great necessity of which I leave you as upon the place to be Iudge being abundantly satisfied of your zeal and dexterity to serve me as I do of all that I have now written and so I rest Your assured constant Friend CHARLES R. Whitehall 7 Dec. 1638. To this shall be added two Letters written by the Archbishop of Canterbury to the Marquis on the same subject My very good Lord Letters from my Lord of Canterbury to the Marquis I Received your Lordships Letters of Novemb. 27th they came safe to me on Decemb. 2d after 8 at night I was glad to see them short but their shortness is abundantly supplied by the length of two Letters one from the Lord Ross and the other from the Dean They have between them made their word good to your Lordship for they have sent me all the passages from the beginning of the Assembly to the time of the Date of their Letters and this I will be bold to say never were there more gross absurdities nor half so many in so short a time committed in any Publick Meeting and for a National Assembly never did the Church of Christ see the like Besides His Majesties Service in general that Church is much beholding to you and so are the Bishops in their Persons and Callings and heartily sorry I am that the People are so beyond your expression furious that you think it fit to send the two Bishops from Glasgow to Hamilton and much more that you should doubt your own safety My Lord God bless your Grace with Life and Health to see this Business at a good end for certainly as I see the face of things now there will very much depend upon it and more than I think fit to express in Letters nay perhaps more than I can well express if I would I am as sorry as your Grace can be that the Kings Preparations can make no more haste I hope you think for truth it is I have called upon His Majesty and by His Command upon some others to hasten all that may be and more than this I cannot doe but I am glad to read in your Letters that you have written at length to His Majesty that you may receive from himself a punctual Answer to all necessary particulars and I am presently going to him to persuade him to write largely to you that you may not be in the dark for any thing But my Lord to meet with it again in your Letters that you cannot tell whether this may be â—our last Letter and that therefore you have disclosed the very thoughts of your Heart doth mightily trouble me but I trust in God he will preserve you and by your great Patience Wisdom and Industry set His Majesties Affairs to your great Honour in a right posture once again which if I might live to see I would be glad to sing my Nunc dimittis I pray my Lord accept my thanks for the poor Clergie there and particularly for the Bishop of Ross who protests himself most infinitely obliged to you I heartily pray your Lordship to thank both the Bishop of Ross and the Dean for their kind Letters and the full account they have given me but there is no particular that requires an Answer in either of them saving that I find in the Deans Letter that Mr. Alex. Hendeâ—son who went all this while for a quiet and calm-spirited man hath shewed himself a most violent and paâ—sionate man and a Moderator without Moderation Truly my Lord never did I see any man of that humour yet but he was deep-dyed in some violence or other and it would have been a wonder to me if Henderson had held free Good my Lord since â—ou are good in the active part in the commixture of Wisdom and Patience hold it out till the People may see the Violence and Injustice of them that would be their Leaders and suffer not a Rupture till there be no Remedy God bless you in all your ways which is the daily prayer of Your Lordships most faithful Friend and humble Servant W. CANT Lambeth 3 Decemb. 1638. My very good Lord I Received your Letters of the second of December upon the sixth of the same at night and could not speak with His Majesty till this day This day I did and shewed him your Letters and the Deans and I read to him more than the later half of all the long Discourse which the Dean wrote unto me for His Majesty was very desinous to know what occasion you took to dissolve the Synod and how you prosecuted it in both which that Paper gave him great satisfaction With your Letters I have received three other Papers that which sâ—ews you have keeped within your Instructions the Copy of the Proclamation which dissolves the Assembly and a Copy of the Councils Letter to the King both which His Majesty takes to be very good Service done for him and commands me to give
your Grace thanks in his Name which I am very glad to doe and I doe it heartily For the Earl of Argyle I can say no more than I have already though now I know him more perfectly than I did Your Resolution was to put him from the Council-Table if he refused the Kings Coâ—enant he hath now deserved it more but whether it be a fit time as yet to proceed so far I dare not determine here This I am sure of if he do now publickly adhere to the Covenant and the Assembly nay be the professed Head of the Covenant as the Dean calls him yet he will have much ado to look right upon that who ever looked asquint upon the Kings business Concerning your coming up to Court I am glad I find His Majesty in that Opinion which I cannot chuse but be of that is to leave it to your self and your own Iudgment upon the place whether it be fitter for you to come or stay for the truth is my Lord in my poor Iudgment the King must needs leave this to your self or discern himself for if he bids you come you will not stay and if he would have you stay you will not come but whether it be fittest to come or stay cannot be prudently judged here therefore my Lord doe that which shall be best approved there for His Majesties Service And as much as I desire to see you I will be bold to adde this that I hope you will not stir to come thence till you have so settled the Country or at least the Kings Party there as that you may be sure they may be safe till further course for Security may be taken for I do not know how much it may dishearten them if your Grace come away from them too soon In tender care of His Majesties both Safety and Honour I have done and do daily call upon him for his Preparations He protests he makes all the haste he can and I believe him but the jealousies of giving the Covenanters umbrage too soon have made Preparations here so late I doe all I can here with trouble and sorrow enough Here is News that three Ships-full more of Arms are come to Leith from Poland whence have they money to buy all this If this be true the King of Poland hath watched a shrewd opportunity to quit the King for the late neglect of his Ambassadour And that which troubles me not a little is that the Kings Party there I doubt is not half so well provided of Arms as the Covenanters are For the Money you mention I wish with all my heart you had received it for at the rising of the Assembly most miserable will be the Condition of them who have faithfully served God and the King I have now again put it to the King and he sees enough but cannot well tell how to â—elp it yet this he said If he could possibly scrape so much together it should be had I pray be pleased to thank the Dean for his great pains though it cost me the sitting up some part of the night to read it His Letter beside that Discourse contains but two things The necessity of a present shew of Force against the rising of the Assembly before men be urged to new Confederacies and Subscriptions to all things determined in this Assembly The other that some care may be had for the poor Ministers who will be put to the greatest sufferings and all for God and the King And to these two I have said as much as I can and shall daily labour with the King to doe all that may be done for them I pray God bless your Lordship but I am infinitely sorry so much Grace and Goodness of the Kings should be no better received To Gods blessed Protection I leave you and all your Endeavours and shall ever shew my self Your Graces most faithful Friend and humble Servant W. CANT Whitehall Decemb. 7. 1638. The Assembly go on at a great rate The Assembly all this while were not idle but went on at a great rate now that there was none to curb them They condemned all the Assemblies had been for forty years before as prelimited and not Free they declared Episcopacy unlawful and contrary to the Laws of their Church the same was the fate of the Service-book Book of Canons High-Commission and the Articles of Perth They appointed the Covenant to be taken by all under pain of Excommunication with their new Gloss against Episcopacy and the Ceremonies and then they proceeded to the Processes of Bishops notwithstanding their Declinator which was sure not to be sustained by them for they being both Judges and Parties would not fail to carry the matter as they desired The Marquis at his coming to Edinburgh on the 17th of December emitted a large Proclamation The Marquis puts forâ—h a Proclamation against them containing the Reasons of his dissolving the Assembly and declared those who continued to sit in that pretended Assembly Traitors He added His Majesties Pious Intentions to preserve the Religion established discharging all his Subjects to acknowledge or obey the Acts of that pretended Assembly with an assured promise of Protection to all such as continued in their Obedience to His Majesties Service This he sent every where to be proclaimed through Scotland and wrote to all he heard of that were affectionate to His Majesties Service encouraging them to continue in their Duty assuring them of the Kings Favour and Goodness But now were all Peoples minds set on flame every one expecting what should be the issue of this disorderly Affair He begun again to talk with the Covenanters according to the Kings Order for a continuance of Treating but they received it with so much neglect that he was scarce able to bear it and sinding they did encourage themselves with the Kings Clemency he resolved to prostitute the Offers of it no more He found the Castle of Edinburgh in some better posture at his return thither than he had left it when he went to the West forty good men were stolen into it with some Musquets and Cases of Pistols and abundance of Ammunition and Provision for five weeks This was carried with great cunning for the Castle had been watched all the while but when the Covenanters understood what was carâ—ied in they were enraged and beset the Castle so closely with their Guards that it was as good as besieged The Assembly of Glasgow after they had deposed all the Bishops The Assembly end their business and write to the King and excommunicated eight of them wherein it was easie to proceed against Absents at length they closed with a Letter to the King to be found in the Printed Acts of that Assembly and in it they justified their Procedure complained of the Usage they met with from His Commissioner and prayed His Majesty to look upon them as good and dutiful Subjects and be satisfied with what they had done The Marquis his
Interest which he could offer unto His Majesty and he would be sure of all his Men there such naked Rogues as they were is his own phrase Besides there were store of Cows in that Island for the provision of the Fleet which he appointed should not be spared Thus was the Design laid down for curbing the Scotish Insolences and layes down methodâ— for the effectuating of his design yet His Majesty firmly resolved that when-ever they returned to their Obedience he should not be inexorable The first thing for prosecuting this Design was the looking for Officers and Money for the former England was pretty scant yet the best were sought out On the second of February the King named the Earl of Arundel to be General the Earl of Essex to be Lieutenant-General of the Foot and the Earl of Holland to command the Horse Letters were also sent through the Counties for levying of Men and Advertisements given to the Nobility to meet the King at York against the first of April Antrim undertook bravely and Strafford said he should doe what was possible with all expedition The Fleet was appointed presently to be rigged out and Orders issued out for levying five thousand Souldiers under the Command of the three gallant Colonels Morton Byron and Harecoat who should go with the Fleet without knowing whither they went A Commission for the Lieutenantry of the North of Scotland was sent to the Marquis of Huntley but he was ordered to keep it up as long as was possible and carefully to observe two things One was not to be the first Aggressor except he were highly provoked or His Majesties Authority signally affronted the other was that he should keep off with long Weapons till His Majesty were on the Borders lest if he should begin sooner the Covenanters might overwhelm him with their whole Force and either ruine him or force him to lay down his Arms. As for the Marquis his Employment he told His Majesty that though he was so far from declining his Service at such a time that he should be infinitely troubled if he were not imployed yet he desired the King might choose a fitter person for the Naval Forces since he was altogether unacquainted with Sea-affairs and not fit for such an important Service But His Majesty looking upon this as an effect of his Modesty gave no hearing to it telling him that as for Affairs purely Naval Sir Iohn Pennington the Vice-admiral should go with him and would abundantly supply his defects in that But the getting of Money was the hardest part of all for two hundred thousand pound Sterlin was all the Money the King could make account of The Treasury was much exhausted and an unlucky Accident fell in at that time which put the King to much extraordinary Expence the Queen-Mother of France coming over to England yet the King found Himself able to doe well enough for the Summer following but His Purse could not weather out another year Thus did the King frame and prosecute His Design with the Secret whereof very few were trusted it being communicated to none without reserve save to Canterbury Arundel Sir Henry Vane and by Letters to Strafford but above all to the Marquis But here this Narration must be stopt that we may take a view of Scotland The Covenanters prepare for War and of the Power and Practices of the Covenanters In the beginning of Ianuary there was a full Meeting of them at Edinburgh where they first resolved to send a Gentleman to the King with the Assemblies Letter and a Petition from themselves full of Submission to the King Invectives against the Marquis and Justifications of their Procedure in all things particularly in the late Assembly which they doubted not they should make appear in the ensuing Parliament of the holding whereof they seemed to make no question With this the Earl of Argyle wrote a general Vindication of his own Behaviour and these Letters were sent to Court by Mr. Winram His Majesty received their Petition but resolved to give it such an Answer in due time as their Behaviour deserved but he wrote back to Argyle that he should be willing to receive from his own mouth a Vindication of his late Behaviour though it seemed scarce capable of any The Covenanters their next and indeed chief care was to fortifie themselves against what they knew in reason they might quickly expect Orders were therefore given through all the Shires of Scotland that a Committee of War should sit in every Shire Souldiers be listed and trained and a Commissioner sent from every County to lie at Edinburgh for receiving and transmitting of Orders Great care was also taken to provide the Country with Arms and Ammunition Merchants were sent every where to buy up all were to be had and in a short time there were Arms for above thirty thousand men brought to Scotland and particular Orders were given that none should be sold but to such as were well-affected to the Cause Strong and strict Guards were set about the Castle of Edinburgh so that it being but hitherto ill furnished little was to be expected from it wherefore Ruthwen would not shut himself up within it but went to offer his Service to His Majesty where he might be more useful They were also careful to fortifie Leith apprehending hazard from the Kings Fleet and about fifteen hundred of all Sexes yea and all Qualities for encouraging of others wrought about it till the Fortifications were compleated But of all men the Ministers were the busiest the Pulpits did ring with the Ruine of Religion and Liberties and that all might look for Popery and Bondage if they did not now quit themselves like men and are much inflamed by the Ministers Curses were thundred out against those who went not out to help the Angel of the Lord against the mighty so oddly was the Scripture applied and to set off this the better all was carried on with many Fasts and Prayers and they forgot not to pretend much Duty and Affection to the King but the Bishops and his other ill Councellours as they called them got the blame of all and none more than the Marquis By these means it was that the poor and well-meaning People were animated into great extremities of Zeal resolving to hazard all in pursuance of the Cause for they were told that the design was to reduce Scotland to a Province under the Power of the English whose Oppression they must resolve to bear if they stood not now to their own Defence Upon this it was that the Committees for War which were held in the several Shires about the beginning of February found small resistance and no difficulty of levying Men greater numbers being offered than could be either armed or maintained At Edinburgh the Session met with great trouble from the Covenanters The Session is disturbed for the greater number of the Lords of the Session being resolved not to own the Assembly all
such Petitions wherein the Bishops were not designed as they ought to have been but were called either pretended Bishops or late Ministers of the Places where they served before their Promotion were rejected and some Signatures being offered in Exchequer wherein they were so designed Traquair took them and tore them to pieces Of all this the Covenanters complained as if Justice were denied but it was told them that if they went to force the Session it would be High Treason and that they would never yield to them But the four Covenanting Lords of the Session having passed Petitions wherein the Bishops were so called these were stopt at the Signet The Covenanters made also great Complaints to the Council of some persons who had written to England of their Designs to invade it of which they protested themselves innocent and craved liberty to pursue their Slanderers but that was laid aside only a Letter was written about it to the King Yet all at least most of the Council what through fear what through inclination went along with the Covenanters and such as stood firm to their Duty were forced to fly into England The Covenanters made sure work of all the Shires They become Masters of all Scotland onely in Tweddale Traquair resisted them a little and got their Meetings to be deserted for two or three Diets but that was all he could doe In Teviotdale the Earl of Roxburgh kept all right and begun to levy men as well as others but he was faintly followed The Marquis of Douglass was not able to doe His Majesty that Service his Illustrious Ancestours had done the former Kings for himself was a Papist and so not followed by the Friends and Dependers of that Noble Family so that all the Marquis could doe was to go and wait upon His Majesty and offer his House of Tentallon to be made use of as the King pleased But the Covenanters seized both it and his House of Douglass and thus all on the South of Tay was lost without stroke of Sword But in Angus the Earls of Airly and Southesk made more vigorous resistance to the Attempts of the Covenanters and were able to have made that Country good for the King but could not withstand the Force came upon them from other Places They all armed and Earl Airly stood out to the Pacification but Southesk was fitter for a Council than a Camp and seeing inevitable Ruine to follow since the Kings Preparations went on so slowly he struck sail and came to Edinburgh Huntley gave them more trouble for my Lord of Montrose and Kinghorn with some others coming to hold a Committee at Turreff in that County he gathered so many together and came so near them that they were forced to disperse themselves yet he kept up his Commission of Lieutenantry acting onely in the quality of a Peer and Councellour But they resolved since they could doe nothing against him with the men of that Shire to bring a Body from other Places to ruine him The want which pinched the Covenanters most at first was of good Officers and this made General Lesley who at that time had acquired much Fame in the Wars of Germany get an earnest Invitation sent him from the Earl of Rothes in the name of the Covenanteâ—s to come home to command their Forces upon which he did quit his Employment there and came to Scotland with many other Commanders He was chosen their General and undertook the Service with much Joy And this was the Posture and Preparations of Scotland which I draw from the Letters that are yet extant written to the Marquis from the Lords of Traquair Huntley Airly and Roxburgh Mean-while the King went on making all the haste with his Levies and Preparations that was possible in which none acted his part with more Fidelity and better Dispatch than the Earl of Northumberland who was Admiral and discharged what was committed to him so well that nothing was defective that concerned the Fleet. But the Marquis found the Hearts of many of the English Nobility both backward and cold and in particular he assured the King that he saw much Heartiness was not to be expected from some of the general Officers which the King apprehending The King emits his Declaration of the Reasons of the War trusted them as little as was possible About the middle of March the King published a Declaration of the Reasons of his Expedition against Scotland which was followed by a larger one commonly called the Large Declaration or Manifesto penned by Balcanqual and revised by His Majesty in which a full account was given of the rise and progress of the Combustions of Scotland of which no more shall be said it being so commonly known save that from the account hath been given it will appear how unjustly that Book was charged to be full of Lies and Calumnies The Covenanters begin the War The News of this coming to Scotland set all a-flaming whereupon they first sent in Papers and Letters through all England and to the Court vindicating themselves with high Protestations that they designed not the Invasion of England as had bâ—en misrepresented and therefore they expected no Hostility from thâ—m to whom they neither did nor intended hurt These Letters were said not to be ill-received even by some at Court who were in the highest Trust. The Covenanters also resolved to take the start of the King and so on the 23th of March General Lesley with some Companies went to the Castle of Edinburgh and petarded the Gates and set Ladders to the Walls and carried it no resistance being made from those within It is true much could not be made but that could not wipe off their stain who yielded that impregnable and important Place so faintly The occasion of their negligence was that a Gentlewoman of good Quality was sent in under pretence of visiting the Captain of the Castle to keep him in discourse she dined with him and engaged him to play at Cards so that they were about his ears before he was apprehensive of danger Dumbriton run the same fate it being surrendred by Sir William Stewart whose only excuse was that at his coming down the former year he found the whole Garrison Covenanters that he durst not turn them off nor take on new Souldiers without a powerful assistance and so finding them resolved both to deliver him and the Castle up he could do nothing alone besides that he was unprovided of every thing that was necessary for a Siege The next day after the Castle of Edinburgh was seized the Covenanters went to the Session to force the Lords to take the Covenantâ— but most of them refused it then they seized on the Privy-Seal aâ—d thought to have got the Great Seal which the Marquis had committed to the keeping of an honest Servant Mr. Iohn Hamilton by their endeavours to prevail with him for it but he refused to part with it except with his Life and so
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
for them to stand upon those Punctilio's with their Soveraign and for your particular you would never be an Instrument of any dishonourable Act to His Majesty such as would be the engaging him not to correct the Misdemeanours of his Subjects that you had made a like Answer when you was demanded for Pass-ports to those that should come to you which you had rejected as judging it dishonourable for His Majesty to grant or any of his Subjects to ask or capitulate with His Majesty for They pressed to know what His Majesty required of them and what would be the extent of his condescending to their Desires in point of Conscience namely touching Bishops and the Acts of the last General Assembly wherein they said if they might have satisfaction they would cast at His Majesties feet their Bodies and Fortunes to be disposed of at his Pleasure In answer to this your Excellence caused me read His Majesties Proclamation wherein desiring to be cleared of His Majesties Intentions in the particular of the Civil Obedience your Excellence said it was the retiring with their Troops laying down tâ—eir Arms and the Nobilities waiting on him with their Swords onely upon the Frontier the restoring of His Majesties Castles unto such as His Majesty should appoint and the demolishing of their own Fortificaâ—ions unlawfully erected and the like As for the enjoying of Liberty of Religion wherein likewise they did press to know how far His Majesty would condescend to their humble Supplications as likewise in the point of the Acts of the last pretended General Assembly your Excellence answered It would be so far as the Laws of the Kingdom did permit They asked who should judge of these Laws and of their intention and if it might be decided by a General Assembly Your Excellence answered Yes and that either His Majesty would call one or your self as His Majesties High Commissioner They desired to know if His Majesty would stand to the Award of such an Assembly especially in what concerned the Acts of the later Your Excellence answered His Majesty was not bound to it as having his Negative Voice which they not acknowledging your Excellence added that notwithstanding you were confident that whatsoever should be agreed on by such an Assembly called by His Majesties Command and where the Members should be legally chosen His Majesty would not onely consent unto them but have them ratified in Parliament They desired your Excellence would limit them a time wherein to return and treat further with you with full power to conclude all things wherein they desired not to be pressed with scantness of time in regard of the Nobilities being dispersed in several places of the Country Your Excellence answered it should be when themselves would were it tomorrow or a moneth hence for you assured them they would find you so long in these quarters Lastly they desired to know what they might report of what your Excellence had assured them of His Majesties Intentions concerning Religion and the General Assembly Your Excellence answered that as they brought no Commission to treat of all these particulars but kept themselves within the limits of the Contents in their Letters you would doe accordingly in your Answer and that in writing they should receive something to morrow This was that Conference which some were pleased to misrepresent under the odious Characters of Treacherous and Secret Dealing with the Covenanters At this time there were divers Scotish Lords and Officers waiting on the King but being of no use and burdensom to His Majesty Some Lords come from the King to the Marquis he sent them to the Marquis with whom he wrote the following Letter Hamilton I Cannot let these Lords go without a Letter it being more to please them than to inform you there having nothing happened since my last of the 17th that makes me either alter or take new Counsels so that this is onely to recommend them to your care in so far as may comply with my Service which shews you both my good Opinion of them as likewise that I am Your assured constant Friend CHARLES R. Newcastle 21 May 1639. But the Marquis was very ill-satisfied with their coming to him since they were able to doe nothing but help away with his Victuals which were beginning to run low and therefore were to be well-husbanded wherefore he persuaded them that it was fit for them to go to the Places of their Interest and doe what in them lay for getting some to appear for the King and so he got himself rid of them the best way he could Two days after that the Marquis got the following Letter Hamilton THe Trust I have both in the Honesty and Sufficiency of this Bearer shall ease me much at this time therefore I shall onely mention what he shall speak of more fully to you The Lord Aboyne's Proposition I have in my last recommended to you though at that time I thought not that himself would have been the Messenger of it other Lords I have sent to you to see if they can doe me better Service there than here for here I am sure they can doe none I shall conclude with that with which I have neither acquainted this Bearer nor any body else to wit your Proposition of packing up this Business It is true that according to my Proclamation I would rest quiet for this time upon their yielding me Civil Obedience but that must be understood by demanding Pardon for their by-past Disobedience and rendring up what they unjustly possess of mine and others Less than this I will not be contented with no not for the present For all this I do not take my self to be in such a case as to conquer them yet I doubt not but by the Grace of God to force them to Obedience in time what by stopping of their Trade and other courses therefore go on for this is the Resolution of Your assured constant Friend CHARLES R. After them the Viscount of Aboyne But on the 29th of May the Lord Aboyne came to him with the following Letter from the King Hamilton HAving been some days since I wrote to you I could nâ—t let my Lord Aboyne go without these Lines though it be rather to confirm than to adde to my two former onely I shall desire you to take heed how you engage me in Money-expence As for what Assistance you can spare him out of the Forces that are with yâ—u I leave you to judge and I shall be glad of it if you find it may doe good The truth is that I find my state of Moneys to be such An. 1638. that I shall be able by the Grace of God to maintain all the Men I have afoot for this Summer but for doing any more I dare not promise therefore if with the Countenance and Assistance of what Force you have you may uphold my Party in the North and the rest of those Noblemen I have sent to you
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
with you in a safe and good posture and your self to come hither in person to consult what Counsels are fit to be taken as the Affairs now hold And so wishing your Lordship a speedy passage I rest Your Lordships most humble Servant and faithful Friend H. VANE From the Camp at Huntley-field this 4th of Iuly 1639. To this His Majesty added the following Postscript with his own Hand HAving no time to write my Self so much I was forced to use his Pen therefore I shall only say that what is here written I have directed seen and approved C. R. How great the Marquis his surprize and trouble was when he received this cannot be easily expressed The Marquâ—â— goes to the King though it was but what he always looked for and before the King left Whitehall he told him in the Gallery none but Sir Henry Vane being present that few of the English would engage in an Offensive with Scotland However he was too well taught in Obedience to question or delay it after such positive Orders and therefore could neither give a satisfactory answer to the Earl of Airly who at that time wrote to him presâ—â—ng him to come to the North in all haste otherwise the Kings Party there would be presently overrun nor to my Lord Aboyne's Letter who desired fresh Supplies of Men and Moneys though the refusing of both these was after that alledged against him Yet the last being dated the fourth of Iune met him on his way to the King the other could be no sooner at him being of the 26th of May and in the Postscript excuse is made that it was of an old Date for want of a sure Bearer both these are yet extant But most of all it appears how groundless that great and crying Accusation was which as it made up no small part of his Charge to be mentioned in its proper place so was it in the mouths of every person that he betrayed His Majesties Service in the Frith which could not be better cleared than by giving this particular Deduction of every step of it where he finds a Treaty begun About the time that the Marquis arrived at His Majesties Camp the Covenanters sent a Petition by the Earl of Dumfermline to the King desiring a Safe-conduct for such of theâ—r number as they â—hould send to His Majesties Camp with their humble Desires and Offers for a Treaty This was granted and their first Meeting was appointed to be on the â—leventh of Iune at Arundel's Tent. So they â—ent the Earls of Rothes Dumfermline and Lowdon the Sheriff oâ— Tevioâ—dale Mr. Alexander Henderson and Mr. Archbald Iohnstown who first proposed their Desires in general That Religion and Liberties mighâ— be secured upon which they should behave themselves as good Subjects and then the Marquis his affection to his Country made him imploy his whole Interest with the King for procuring a Gracious Answer to them offering that if the King found it suitable to his Honour and fit for his Service he should not be displeased though His Majesty did disown his former Actions and let the load of Obloquy and Censure fall as heavy upon himself as the King pleased But in this His Majesty was positive judging the owning of what he had done the former year to be both for his Honour and Interest However the Marquis did show the King that while the fire-edge was upon the Scotish Spirits it would not prove an easie task to tame them but would be a Work of some years and cosâ— much Money and many Men he therefore desired the King would consider if it were not fit to consent to the abolishing of Episcopacy and giving way to their Covenant till better times and that as the chief Leaders had entred upon that Course being provoked by some Irritaons and Neglects they had met with so it might be fit to regain them by Cajolery and other Favours And to perswade the King to this Course was the easier that both his Reason and his Affection to his Subjects did cooperate with it a great strengthening coming to it by my Lord Canterbury's Opinion who saw a Pacification absolutely necessary for the Kings Service and did advise it So on the thirteenth of Iune His Majesty returned Answer That he supposed Religion and Liberties were abundantly settled by his former Proclamations but if any thing was wanting wherein either Religion or Liberties were concerned none should be more zealous for it than himself The Covenanters insisted That the Assembly of Glasgow might be ratified but His Majesty rejected that adding That he was willing to call a new Assembly and ratifie what should be legally established by it in the following Parliament The Commissioners were willing to yield to this provided His Majesty did not oblige them to renounce the Assembly of Glasgow to which they resolved to adhere His Majesty said He should not press them to that but that Assembly should not be mentioned on either hand They moved next about Lay-elders in the Assembly The King referred himself in that to the Laws of the Land They next moved That Episcopacy should be abolished The King answered He would not prelimit his Vote by declaring what it should be in the ensuing Assembly Finally after all things had been debated divers days not without some heat wherein the Earl of Rothes got new Irritations from some warm expressions of the Kings to him at length on the eighteenth of Iune all was concluded which is within few days concluded First His Majesty signed the following Declaration of which the Original is extant CHARLES R. WE having considered the Papers and humble Petitions presented to Vs His Majestieâ— Declaration by those of Our Subjects of Scotland who were admitted to attend Our Pleasure in the Camp and after a full hearing by Our Self of all that they could say or alledge thereupon having communicated the same to Our Council of both Kingdoms upon mature Deliberation with their unanimous Advice have thought fit to give them this Iust and Gracious Answer That though We cannot condescend to ratifie and approve the Acts of the pretended General Assembly at Glasgow for many grave and weighty Considerations which have happened both before and since much importing the Honour and Security of that true Monarchical Government lineally descended upon Vs from so many of Our Ancestours yet such is Our Gracious Pleasure that notwithstanding the many Disorders committed of late We are pleased not only to confirm and make good whatsoever Our Commissioner hath granted and promised in Our Name but also We are further Graciously pleased to declare and assure that according to the Petitioners humble Desires all matters Ecclesiastical shall be determined by the Assembly of the Kirk and matters Civil by the Parliament and other inferiour Iudicatories established by Law and Assemblies accordingly shall be kept once a year or as shall be agreed upon at the next General Assembly And for settling the general Distractions
of the Magazine in the Navy which being done the Fleet was to be sent out of the Frith And accordingly on the 24th of Iune he came to Edinburgh but he met with such Reproaches and Hootings from the Vulgar that he was forced for preventing a Tumult to desire some of the Covenanting Lords to wait on him to the Castle and yet on the way he was all along cried out upon with most unworthy Names as Pyrate Traitour Enemy to God and his Country with other such-like Invectives These he could not but despise though he was sensible of the Dishonour put upon the Kings Commissioner by that Usage yet he might well have expected that it should have secured him from the Jealousies Stories which were spread of him as if he had been all that time so popular that he was looked upon as the chief Friend of the Good Cause which was as well grounded as the rest of these Reports But having executed the Kings Orders about the Castle of Edinburgh he left the Earl of Traquair whom with the Earl of Roxburgh His Majesty had again received into his Favour to see the rest of the Conditions fulfilled The Tables continued to sit The Tables continue to sit pretending it was necessary they should doe so till all were scattered It is true I have in my hands a Copy of a Warrant for them to sit till the 20th of Iuly but whether it was signed I can neither assert nor deny Divers Disorders fell out in Edinburgh and Traquair met with many Insolences in one of which the White-staff which was carried by his Servant before his Coach was pulled out of his Hand and Complaint being made of this to the Town-Council of Edinburgh all the Reparation they offered was to bring my Lord Treasurer another White-staff so it was said they rated the Affront put on the King in the Person of his Treasurer at Six pence Other Insolences were also complained of and the Covenanters partly excused them and the Covenanters are insolent partly denied what was alledged but no Reparation was made These Disorders obliged His Majesty to change his purpose of coming to Scotland in Person resolving to be present onely by his Commissioner The Marquis returned to His Majesty and stated all that was to be thought upon for Scotish Affairs in a Paper presented to His Majesty at Berwick the 5th of Iuly yet extant in these words To leave all that is past the Question is briefly The Marquis his advice to the King WHether the Assembly and Parliament now indicted is fittest to be held or discharged If held the Success of the Assembly will be the Ratisying of what was done at Glasgow or if that point be gained yet certainly most of the Acts that were made there will of new enacted nor is there any hope to prevent their finding Episcopacy to be abjured by their Covenant and the Function against the Constitution of their Church This will be by the Members of Parliament ratified and put to the Kings Negative Voice and if it be not condescended to by him it is more than probable that his Power even in that Court and in that Place will be questioned If it will be discharged nevertheless the Assembly be keeped by the Rebels and the same things done in it by them and thereafter maintained by the generality of the Kingdom this consequently will bring alongst with it the certain loss of Civil Authority and so necessitate the re-establishing the same by Force or otherwise the desertion of that Kingdom So it is to be resolved on whether it be fit to give way to the Madness of the People or of new to intend a Kingly Way If way be given to what is mentioned it is to be considered in that case if the King shall be personally present or not if not present who shall be imployed and how instructed If the Kingly Way be taken what shall be the means to effectuate the intended end particularly how Money may be levied for the waging of this War and if that be feisible without a Parliament If a Parliament what the Consequence may prove So all may be summed up in this Whether to permit the Abolishing of Episcopacy the lessening of Kingly Power in Ecclesiastick Affairs the Establishing Civil Authority in such manner as the Iniquity of the Times will suffer and to expect better and what will be the Consequence of this if way be given thereto or to call a Parliament in England and leave the event thereof to hazard and their discretions and in the interim Scotland to the Government of the Covenanters This Freedom declares how candidly he dealt with the King in all his Counsels It is true he pressed the King earnestly to give way to the abolishing of Bishops judging that to be the onely mean to bring Scotland again into Order but this was out of no other Principle save his Desire to see the King again enjoy the Affections as well as the Obedience of his Subjects of Scotland thinking Episcopal Government not so essential or absolutely necessary as not to be parted with for a time in such an Exigency wherein the Ruine of the King and Kingdom was was so manifestly threatned His Majesty considering that God did not tie him to Impossibilities The King intends to send him again Commissioner into Scotland resolved notwithstanding his Conscientious adhering to Episcopacy in England to give way for some time to lay aside that Government in Scotland hoping to draw more good from it but intended to imploy another for executing it knowing that his Countenance and Carriage would betray the Discord was betwixt his Heart and his Actions if he went himself and being well satisfied with the Marquis his Behaviour desired him to return to Scotland in the same Character and finish that Business But he made use of all his Forces both of Reason Friendship who opposes it with all his Interest and Interest to divert the King from this representing the following Reasons to dissuade him from it in a Paper presented the 8th of Iuly in these words IF Your Majesty give way to the Covenanters Demands it would be seriously considered which will be the fittest way to doe it if by Your Majesties Own Personal Presence or by a Commissioner if Your Self I shall say in that case nothing in this Paper if by a Commissioner then give me leave humbly to represent to Your Majesties Consideration how unfit it is that I should be imployed The Hatred that is generally carried me and in particular by the chief Covenanters will make them hoping thereby either to ruine me or at least make my Service not acceptable stand more peremptorily on these other Points of Civil Obedience which Your Majesty aims at than they would doe to one that is less hated Since they are the same men I have formerly treated with who now again must be principally used they cannot but find these Particulars which I
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
course of the Assembly until We be advertised For the better facilitating of Our other Services and the more peaceable and plausible progress in all Businesses recommended to you We allow you at any time you shall find most convenient after the opening of the Assembly to declare That notwithstanding Our Own Inclination or any other Considerations We are contented for Our Peoples full satisfaction to remit Episcopacy and the Estate of Bishops to the Freedom of the Assembly but so as no respect be had to the Determination of the Point in the last Assembly But in giving way to the abolishing of Episcopacy be careful that it be done without the appearing of any Warrant from the Bishops and if any offer to appear for them you are to inquire for their Warrant and carry the Dispute so as the Conclusion seem not to be made in prejudice of Episcopacy as unlawful but onely in satisfaction to the People for settling the present Disorders and such other Reasons of State but herein you must be careful that Our Intentions appear not to any You shall labour that Ministers deposed by the last Assembly or Commiâ—sions flowing from them for no other cause but the subscribing of the Petition or Declinator against the last Assembly be upon their Submission to the Determinations of this Assembly reponed in their own Places and such other Ministers as are deposed for no other faults that they be tried of new and if that cannot be strive that Commissions may be directed from this Assembly for Trying and Censuring them according to the nature of their Process That immediately upon the Conclusion of this Assembly you indict another at some convenient time as near the expiring of the Year as you can and if you find that Aberdeen be not a Place agreeable let Glasgow be the Place and if that cannot give content let it be elsewhere The General Assembly is not to meddle with any thing that is Civil or which formerly hath been established by Act of Parliament but upon His Majesties special Command or Warrant We will not allow of any Commissioners from the Assembly nor no such Act as may give ground for the continuing of the Tables or Conventicles In case Episcopacy be abolished at this Assembly you are to labour that We may have the Power of chusing of so many Ministers as may represent the 14 Bishops in Parliament or if that cannot be that 14 others whom We shall present be agreed to with a Power to chuse the Lords of the Articles for the Nobility for this time untill the Business be further considered upon We allow that Episcopacy be abolished for the Reasons contained in the Articles and the Covenant 1580 for satisfaction of Our People be subscribed provided it be so conceived that thereby Our Subjects be not forced to abjure Episcopacy as a point of Popery or contrary to Gods Law or the Protestant Religion but if they require it to be abjured as contrary to the Constitution of the Kirk of Scotland you are to give way to it rather than to make a Breach After all Assembly-business is ended immediately before Prayers you shall in the fairest way you can protest that in respect of His Majesties Resolution of not coming in Person and that His Instructions to you were upon short advertisement whereupon many things may have occurred wâ—erein you have not had His Majesties Pleasure therefore and for such other Reasons as occasion may furnish you are to protest that in case any thing hath escaped you or hath been condescended upon in this present Assembly prejudicial to His Majesties Service that His Majesty may be heard for redress thereof in his own time and place We will not allow that either by the Commissions already granted nor upon no other Bill or Petition any part of the burden of the Charges of the last Business be laid upon any of Our good Subjects who have stood by Vs and have refused to subscribe their Bonds and Covenants That you stop the Signatures of the Rights of Kintyre Abbacy of Dear Abbacy of Scoon and generally all Acts in favours of Covenanters so far as you can without stopping the ordinary course of Iustice and you are to consider withall how His Majesties Right to any of the aforesaids may be put on foot without making interruption to the present Business in hand You shall take a course whereby the Rents of all such Bishopricks as are vacant be detained and either by Warrant of the Incumbent or by Demission may be collected and when any person shall be provided to these Benefices so vacant Our Will is that you take the same course with the Rents of these as by these We do command you to doe with the rest of the Rents of the Bishopricks of Scotland which is this to cause draw up a formal Assignation to the whole Rents Fruits Customs c. belonging to the Bishoprick whereof they are Bishop to be subscribed by them to and in Our Favour upon return whereof to you you shall give Power and Commission to such Persons as you shall receive under every one of their Hands to collect and intromet with the aforesaid Rents of the several Bishopricks and to deliver and be accomptable to you for the same and upon your receipt thereof you are to issue them out immediately again to the aforesaid Bishops or any having their Warrant to that effect You shall hear the Complaints or Petitions of any of Our Subjects or against any of Our Subjects but such as you know to be Sufferers for refusing to joyn with the Covenanters in the Covenanting way and you shall protect all such Persons by all the fair ways you can and particularly Sir John Hay and Sir Robert Spottiswood If any thing occur either in Civil or Ecclesiastical Iudicatory wherein you have not Our express Will and Pleasure signified unto you wherein you see clearly Our Royal and Princely Power and Authority prejudiced We will you to acquaint Vs therewith before any Proceeding be made You shall pay weekly for defence of Our Castle of Edinburgh an hundred Souldiers at eight pence per diem besides the English Gunners and Artificers at the Rates set down by the Marquis of Hamilton And as for Ruthwen himself you shall assign him the Rents of the Castle and you shall likewise keep a competent number ofWorkmen for completing the Fortifications already begun and shall withall provide the Castle with 6 moneths Victuals for the foresaid number of Souldiers and other Officers And as for Dumbriton you shall pay for the Defence thereof Souldiers at eight pence per diem to the number of 40 allowing the Rents and other Customs thereof for paying the Captain and other Officers At Berwick the 27th of Iuly 1639. These were the Instructions given the Earl of Traquair of which the Marquis wrote to a Covenanter That if they were not worse than Devils they would rest satisfied MEMOIRES OF THE LIFE and ACTIONS OF James
schismatical and perjured Ministers that contrary to their Oaths and Subscriptions from which no Humane power could absolve them have filthily resiled and so made themselves to the present and future Ages most infamous and that no Church-man be bound to appear before them nor any Citation Admonition Certification or Act whatsoever proceeding from the said pretended Meeting be prejudicial to the Iurisdiction Liberties Priviledges Rents Possessions and Benefices belonging to the Church nor to any Acts of former General Assemblies Acts of Council or Parliament made in favours thereof but to the contrary That all such Acts and Deeds and every one of them are and shall be reputed unjust partial and illegal with all that may follow thereupon And this our Protestation we humbly desire may be presented to His Majesty whom we do humbly supplicate according to the practice of Christian Emperours in Ancient times to convene the Clergy of His whole Dominions for remedying the present Schism and Division unto whose Iudgement and Determination we promise to submit our Selves and all our Proceedings Given under our hands at Morpeth Berwick and Holy-Island the tenth and eleventh of August 1639. Signed St. Andrews Da. Edinburgen Jo. Rossen Th. Galloway Wal. Brechinen Ja. Lismoren Ad. Aberdon When my Lord Traquair came to Scotland he found all the Conditions of the Treaty violated the Fortifications of Lieth continued the Forces not all disbanded Lesley keeping up still the Character of General besides many other particulars The Assembly sits and proceeds violently After his coming to Edinburgh the Assembly was held there about the middle of August but they had not remitted any thing of their Fervour only in renewing the last years Acts they were contented not to mention the Assembly of Glasgow magnifying that as a high Condescendency not considering how disproportioned it was to the great Concessions made by His Majesty Neither were they content with discharging the use of the Service-Book and Book of Canons but would needs tax them of Popery and the High Commission of Tyranny Like to these were their Narratives of Annulling the General Assemblies held by King James and of abolishing Episcopacy of which my Lord Traquair gave His Majesty an account and the following Answer was sent from His Majesty But one difference of the Kings Usage of the Marquis from what he gave his other Commissioners is that to him he wrote his Orders all with his own Pen but to others he wrote by another Pen only Superscribed the Letters himself And in his Letters to Traquair he imployed the Marquis for his Secretrary The Kings Letter follows taken from the Marquis his Copy bearing date the 20th of August CHARLES R. Right Trusty WE have hitherto commanded Hamilton to answer several of your Letters but that of the 16th of August being of more weight than any of your former We have thought fit to answer it Our Self And whereas you say that nothing will satisfie them except in terminis the last Assembly be named and ratified or that way be given to the discharging Episcopacy as abjured in that Church as contrary to the Confession of Faith 1580. and the Constitutions of the same you being yet in some hope that the word Abjured may be got changed and that in drawing up the words of the Act it be onely condemned as contrary to the Constitution of that Church We in this point leave you to your Instructions they being full if you consider what We have said concerning Episcopacy and subscribing the Confession of Faith 1580 We thinking it fit to declare hereupon unto you that let their Madness be what it will further than We have declared in Our Instructions in these points We will not go For the Service-book and Book of the Canons though We have been and are content it be discharged yet We will never give Our Voice nor Assent that they be condemned as containing divers Heads of Popery and Superstition In like manner though We have been and are content that the High Commission be discharged yet We will never acknowledge that it is without Law or destructive to the Civil and Ecclesiastical Iudicatories of that Our Kingdom nor that the Five Articles of Perth though dischargod with Our Approbation be condemned as contrary to the foresaid Confession As concerning the late Assemblies We cannot give Our Consent to have them declared null since they were so notorously Our Father of Happy Memory His Acts It seeming strange that We having condescended to the taking away all these things that they complained of which were done in those Assemblies they will not be content therewith without laying an Aspersion on Our Fathers Actions Wherefore if the Assembly will in despite of your Endeavours conclude contrary to this you are to protest against their Proceedings in these points and be sure not to ratifie them in Parliament Concerning the yearly Indicting of General Assemblies and the Confession of Faith We commanded Hamilton in his of the 16th to answer that point to this effect That We think it infinitely to Our Prejudice that We should consent to tie Our Self for the keeping yearly of their Assemblies not needing to repeat the Reasons they being well enough known to you seeing at Berwick it was conceived upon debate of that Point that your having Power to indict a New one within the Year would save that dispute which you are by all means to eschew But if this will not give satisfaction you are by no means to give your assent to any such Act nor to ratifie the same in Parliament The Article in your Instructions which is onely That the Covenant 1580 shall be subscribed you must have an especial care of and how you proceed therein That the Bond be the same which was in Our Fathers time mutatis mutandis and that you give your Assent no other ways to the Interpretations thereof then may stand with Our future Intentions well-known to you nor is the same otherwise to be ratified in Parliament Thus you have Our Pleasure fully signified in every particular of your Letter which you will find no ways contrary to Our Resolution taken at Berwick and Our Instructions given to you there But if the Madness of Our Subjects be such that they will not rest satisfied with what We have given you Power and Authority to condescend to which notwithstanding all their Insolencies We shall allow you to make good to them We take God to witness that what Misery soever shall fall to that Country hereafter it is no fault of Ours but their own procurement And hereupon We do command you that if you cannot compose this Business according to Our Instructions and what We have now written that you prorogue the Parliament till the next Spring and that you think upon some course how you may make publickly known to all Our Subjects what We had given you Power to condescend to And because it is not improbable that this way may produce a present Rupture
for the King to do much without a Parliament in England and Subsidies granted by it but they had reason to think the Parliament would begin with Grievances before they went to Subsidies and if their enquiring into the former proved long and fierce as it would protract the Kings Supply it might also breed Irritations and Heats and end in a Rupture without relieving the King Neither could much be expected from a Loan of Money most of the Cities London especially were not well-affected to the Court and so were like to prove backward and narrow and all might be promised from that was to put off one Summer but the Scotish Storm was like to lie longer Besides he believed that if the Loan of Money went through the Scots would think that a good reason for their entring into England to make the Northern Countries the seat of the War which would prejudice the Kings Service in England All this he foresaw well and therefore was rack't with perplexity only he was not doubtful what to doe himself resolving to follow the Kings Interests on all hazards and in these Consultations this Year ended Anno 1640. An. 1640. They prepare in Scotland for War IN Scotland they begun again to prepare for a new War and the Ministers this year were likewise very busie taxing the King as having violated the late Pacification because way was not given to all their Acts. Besides it was preached in the very Pulpits of Edinburgh that the King had caused burn at London by the hand of the Hangman the Articles of the Treaty at Berwick This was founded on the Censure was put on the Paper spoke of last year which they gave out as the Conditions of Agreement and was burned by Order of the Council of England upon the Declaration made by all the English Lords who were on the Treaty That no other Articles were agreed upon beside the Seven above-mentioned yet this took with the People Next they laid on great Taxes for paying the last years Debts and defraying the Expence this year was like to draw on and for procuring of Money they fell on a new Device to cause the Ministers exhort all to lend liberally for the Service of the Cause which they did with so much Art and Zeal that the Women came and brought in their Jewels Rings and Plate however much Money was not got that way and all was far short of what they needed therefore divers of the most zealous of the Lords chiefly the Earls of Rothes and Cassils did give Bonds for great sums of Money and one Dick a rich Citizen of Edinburgh was got to lend them many thousand pounds Lanerick made Secretary of State In February the Earl of Sterlin the Secretary died for whose Place the King made choice of the Marquis his Brother Lord William whom he created Earl of Lanerick It was indeed the Kings choice for neither had the Marquis moved it nor himself pretended to it The Earl of Lanerick did act so considerable a part in Affairs after this that methinks their History should be as little divided as their Counsels and Affections for the Kings Service were and therefore as Lanerick's Actions come in my way they shall not be passed over in silence Being made Secretary his first care was to inform himself of all that belonged to his Place and Duty in the discharge whereof he resolved neither to spare labour or industry that thereby he might supply the defect of his years which were then but four and twenty But to go on with the Series of the Story the King went on carefully with his Preparations only the Charge of a Fleet was so great that he could not think of it this year but sent out as many Ships as stopt the Scotish Trade And finding how ill he had been served by his Lieutenant-Generals the former year and confiding both in the valour fidelity and conduct of the Earl of Strafford then Lord Lieutenant of Ireland he was called over to be Lieutenant-General in this Expedition and the Marquis was designed Colonel of the Kings Regiment of Guards The state of Affairs in Scotland In Scotland they were gathering Money bringing in more Arms and fortifying suspected Places few resisting them except Huntley in the North and Niddisdale in the South but the later was able to doe little The Marquis had divers Letters from my Lord Lindesay which are yet extant complaining of the Preparations they heard were making against them That Officers for the Army were already named Money was gathering not only Berwick Carlisle were fortified but Edinburgh-Castle and Dumbriton also had new men put in them and English-men were put in the former whereupon they were forced to resolve on hazarding the utmost for the Defence of Religion and Liberties and that all were Contributing very liberally and knew of good Friends both in England and abroad wherefore he assured him if things went to extremities they would not end so well as they did last year And he besought him that he would prove a good instrument betwixt the King and the Country protesting that for his own part nothing next to Religion went so near his Heart as the Kings Service In end he conjured him not to accept of any new Service if it went to an open Breach assuring him he would be ruined if he did telling him that God had provided a relief for them beyond their expectation The Marquis carried all these Letters as he got them to his Majesty and by his command wrote the following Answer My Lord I Received yours of February The Marquis his Letter to the Lord Lindsay wherein you endeavour to let me see the hazard that His Majesty may run if he take not a peaceable Course with his Subjects of Scotland which you say I am reported to be no adviser of as likewise the unavoidable Ruine that will befall me in case of my accepting of any Imployment against them The Arguments that you use are the Resolutions of your own People and the assistance that you will have elsewhere the particular way you forbear to write yet you say that God hath provided it beyond your expectation and as it was beyond your expectation so it is still beyond my belief my Reasons you shall have anon But first I will say somewhat concerning my self Know then Brother for a truth that I heartily pray a Curse may follow him and his Posterity that doth not endeavour and wish that these unhappy Troubles may be composed in a fair and peaceable way God who knoweth the Secrets of all mens thoughts can bear me record with how much care pains and zeal I have endeavoured that and I promise you I shall as faithfully continue in that Course as ever man did in any Resolution which was with reason grounded in his heart how few either believe or know this I care not for I have laid my accompt long since and am resolved on the worst that
came to them and with great vehemence pressed them to engage in a new War and among other Motives brought them Engagements in writing from most of the greatest Peers of England to joyn with them and assist them when they should come into England with their Army This did much animate them for they had not the least doubt of the Papers brought them But all this was discovered at the Treaty of Rippon to have been a base Forgery for there the Scotish Lords looking very sullenly on some of the English Lords as on Persons of no Faith or Truth the Lord Mandevil came to the Earl of Rothes and asked the reason of that Change of their Countenance and Behaviour in them who after some high reflections at length challenged him and the other Lords of not keeping what they had engaged to them Upon which that Lord stood amazed and told him and so did the other Lords there that they had sent no such Messages nor Papers to them and that they had been abused by the blackest Imposture that ever was Thus it appeared how dangerous it may be to receive some things that seem to have the highest Probabilities in them easily and upon trust In April following the King called a Parliament in England A short Parliament in England but they begun with their Grievances in which they rose to so high a strain that after twenty days Sitting the King by advice of his Council dissolved them but the hopes of Money from the Parliament failing the next Course was to try what could be drawn by Loan and for good example the Councellours subscribed for near two hundred thousand pounds Sterlin The Councellours lend Money What the Marquis his part was in this I should have willingly concealed judging fit that his Story should be as sparing in relating it as himself was modest in not boasting of it but Sanderson and some other malicious or ignorant Pens who say That he pretended Poverty and subscribed for none force me to free him of that Calumny by a true Relation of what his Duty to the King cost him at this time He subscribed for 10000 l. Sterlin and laid down Eight thousand of it presently in Gold likewise in August following at York he again subscribed and laid down Six thousand and three hundred pounds for both which he had Tallies struck Besides this when he served as Commissioner in Scotland in the year 1638. he got no Payments made him Ten thousand pounds Sterlin was allowed him of which he had not received a farthing and besides the great expence he was at in that Service he laid that year out of his own Money about 5000 l. Sterlin on the Kings account And thus in the space of four years he advanced to the King near Thirty thousand pounds Sterlin and this was in a time when the advantages he had by his Places and Pensions were through the necessity of the Kings affairs dried up But since I was forced to say this I must not conceal His Majesty who now reigns His Justice and Goodness to his Heiress in repaying the sum contained in those Tallies together with the other Royal effects of His Favour which they have felt in the repayment of the Scotsh Debt This is said once for all and all this was little reckoned of by him who was ready to hazard both Life and Fortune for His Majesties Service acknowledging that it was Just since he and his Ancestors owed so much to the King and his Progenitours bounty that all he had should be spent in his Service The Covenanters in Scotland were beginning to look to themselves and fearing Ruthwen Ruthwen a terror to the Covenanters who was in the Castle of Edinburgh they required him to obey their Orders but he told them he had his Trust from the King and would acknowledge no Commands but his whereupon they blockt him up He might easily have done them much Mischief but his Orders were to hold himself most on the Defensive and to amuse them but not to break out to open Hostilities within which limits he contained himself The second of Iune came which was the day the Parliament was to Set but the King had sent down an Order to the Justice-Clerk for proroguing it The Parliament sits notwithstanding the Kings Orders for proroguing of it and he was to carry along with him in this Affair the assistance of the Kings Advocate who was at this time confined to his House in Fife by the King upon pretence of some petty maleversation in his Office but really because of his adhering to the Covenanters too much The Kings Advocate was glad both of being delivered from that Disgrace and for being honoured with the Employment But to clear the Method in which he intended to proceed to make this Prorogation legal I must look back a little when Traquair got his Commission under the Broad-Seal there was another Commission given under the quarter-Seal to the Lord Elphinstown the Lord Napier the Kings Advocate and the Justice-Clerk these or three of them were impowred to act as Commissioners in Traquair's absence and upon his Orders Therefore the Kings Advocate judged it needless to fill up a Blank that was sent down to be made use of if need were to make the Prorogation Legal but resolved to require one of the other two to concur with the Justice-Clerk and himself in the Prorogation which was to be done after the Parliament was Fenced therefore they provided the persons necessary for Fencing of it a Ceremony they use in the beginning of a Session who are the Constable the Marshal the Provost of Edinburgh the Sheriff of Lowthian and a Doomster and if any of these be absent the King must name others for their Service that day So the Members of Parliament being met the Kings Advocate required the Lord Elphinstown who was first in the Commission to go up with them to the Throne for executing the Kings Commands who having read the Commission found their Power was only to act by the Commissioners Order and therefore called for Traquair's Warrant the Kings Advocate answered That as when the King is present a Commissioners Power of it self expires so also when his Warrant is produced there is no need of one from his Commissioner But Elphinstown stood on the Letter of the Commission and so found he was not legally warranted to doe it That same was the Lord Napier's Answer who was also of the Commission and so the Kings Advocate and the Justice-Clerk could doe nothing but take Instruments Many imputed this to the Kings Advocat's Jugling but he vindicated himself solemnly which is extant under his Hand with a long Narrative of this whole Affair sent up by him to the King However the effects of this Errour were great for the Members voted themselves to be in a Parliamentary Capacity as being summoned by the King at first and again adjourned to this day whereupon they proceeded to
the Enacting of what they had designed the former Year and their Acts though of great importance yet meeting no opposition were quickly dispatched all which with a Prologue and Epilogue of two high Declarations were sent in the Packet to the Earl of Lanerick with the following Letter written by a Committee of Lords they had left to sit at Edinburgh Right Honourable IT is not unknown to your Lordship with what difficulties this Kingdom hath wrestled this time past A Letter from the Committee of Parliament to Lanerick in asserting their Religion and Liberties against the dealings of bad Instruments with His Majesty to the contrary The Means which they have used have been no other but such as they humbly petitioned and obtained from His Majesty a Free National Assembly and Parliament The Assembly went on in a fair way and was closed with the liking and full consent of His Majesties Commissioner but the Parliament indicted by His Majesty was prorogated till the Reasons of the Demands of the Estates were rendred to His Majesty which having done by their Commissioners they kept the second of June the day appointed by His Majesty for the sitting of the Parliament An. 1639. And after diligent Inquiry hearing nothing from His Majesty nor His Commissioner neither by their own Commissioners or any other sent from His Majesty which might hinder the Parliament to proceed to the settling of their Religion and Liberties after mature Deliberation and long waiting for some signification of His Majesties Pleasure they have all with one consent resolved upon certain Acts which they have judged to be most necessary and conducible for His Majesties Honour and the Peace of the Kingdom so far endangered by Delays and have committed to us the Trust to shew you so much and withall to send a just Copy of the Acts that by your Lordship His Majesties principal Secretary for Scotland they may be presented to His Majesty The Declaration prefix'd to the particular Acts and the Petition in the end contain so full Expressions of the Warrants of the Proceedings of the Estates and of their humbly continued Desires that no word needs to be added by us We do therefore in their Name according to the Trust committed to us desire your Lordship all other ways of Information being stopt with the presenting of these Acts of Parliament to represent unto His Majesty against all Suspicions Suggestions and Tentations to the contrary the constant Love and Loyalty of this Kingdom unto His Majesties Royal Authority and Person as their Native King and kindly Monarch and that they are seeking nothing but the establishing of their Religion and Liberties under His Majesties Government that they may still be a free Kingdom to doe His Majesty all the Honour and Service that becometh humble Subjects that their Extremity is greater through the Hostility and Violence threatned by Arms and already done to them in their Persons and Goods by Castles within and Ships without the Kingdom than they can longer endure and that as His Majesty loveth His Own Honour and the Well of this His Ancient Kingdom speedy course may be taken for their relief and quieâ—ness and that if this their faithful Remonstrance which as the great Council of the Kingdom they found themselves bound to make at this time for their Exoneration be passed over in silence or answered with delays they must prepare and provide for their own Deliverance and Safety We are very hopeful that your Lordship as a good Patriot and according to the Obligement of your Place will not be deficient in that Duty for your Native Country and send us a speedy Answer as we shall in every Duty be careful at all occasions to shew our selves Your Lordships humble Servants Signed Balmerino Burghly Napier Thomas Hop J. Murray J. Hamilton G. Dundas J. Smith Ed. Eggar Tho. Paterson Ja. Sword Edinburgh 17 June 1640. The Covenanters did also sign a Bond among themselves for adhering to these Acts and prosecuting of those who had been the Incendiaries from the beginning of the these Stirs the Marquis and Traquair being the chief of them The King is highly offended But all this gave great Offence at Court the King looking upon it as a bolder Attempt than any yet made which struck at the root of His Authority and overturned the Fundamental Laws of Scotland and therfore he judged himself bound to repair this Affront with the Sword God had put in his Hands An. 1640. At this time the Marquis got the following Memorial sent him from my Lord Lowdon out of the Tower of London written all with Lowdon's Hand and yet extâ—nt Memorandum for the Lord Lowndon TO speak to the Marquis of Hamilton Lowdon moves for his Enlargment that according to that Interest of Bloud and the Confidence which the Lord Lowdon reposeth in him his Lordship may be pleased to intercede seriously with the King that His Majesty may be Graciously pleased to consider of the Petitions and Informations which have been tendered to His Majesty from the Lord Lowdon and for him from Scotland which do abundantly clear his Innocency concerning that French Letter in respect of the time and occasion of writing that Letter the Letter it self being onely for Mediation and Intercession as is clear by the Instructions yet extant to have been sent with that Letter which are the true Commentary of the Letter The Letter it self was never sent nor used but rejected and no other Letter sent It was written long before the Pacification wherein His Majesty was Graciously pleased to pass all preceding Deeds in Oblivion The Lord Lowdon came hither upon His Majesties Own Warrant which is sufficient for his Indempnity and Return till he be exonered of his Imployment He came from the Parliament with Commission from them to shew His Majesty the Reasons of their Demands trusting confidently in His Majesties Iustice and Goodness and with most Loyal Affection and Ardent Desires to have given His Majesty satisfaction and to have returned with no less Fidelity and Forwardness in carrying and pressing His Majesties Royal and Iust Commands during which time he could expect nothing less than that he would be called in question for a prior Deed all which are most manifest by the Petitions and Informations presented to His Sacred Majesty Therefore I most humbly beseech that His Majesty may be Graciously pleased to consider of the former Petitions and true Informations which being pondered in the Balance of His Majesties Righteous Iudgment I am most confident my Innocency will appear clearly to His Majesty and that I will find such a speedy delivery as may give demonstration to the World of His Majesties Iustice and Goodness and as may not onely from the Conscience of my Duty but likewise from the sense of His Royal Benignity encourage me ever to contribute my best Endeavours for furthering of His Majesties Service And if His Majesty be not fully satisfied with my humble
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
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
that till you express the Particulars of your Desires His Majesty can give no direct Answer therefore His Majesty requires that you set downthe Particulars of your Demands with expedition he having been always willing to hear and redress the Grievances of His People and for the more mature Deliberation of these great Affairs His Majesty hath already given out Summons for the Meeting of the Peers of the Kingdom in the City of York upon the 24th of this Month that so with the advice of the Peers you may receive such Answer to your Petition as shall most tend to His Honour and the Peace and Wellfare of His Dominions And in the mean time if Peace be that you desire as you pretend He expects and by these His Majesty commands that you advance no further with your Army to these parts which is the only means that is left for the present to preserve Peace betwixt the two Nations and to bring these unhappy Differences to a Reconciliation which none is more desirous of than His most Sacred Majesty Signed LANERICK With which he wrote this Cover My Lords ACcording to your Desires I presented unto His Majesty in your names the Petition you sent me whereupon His Majesty hath been Graciously pleased to command me to make this reference which you shall receive herein inclosed joined unto the Petition My Lords by this you may see His Majesty is as he ever was willing to hear and redress the Grievances of His Subjects and I pray God you may take those Courses that may not too much incroach on the Goodness of so Gracious a Soveraign This shall be the earnest Prayer of Your Lordships Servant LANERICK York 5th Sept. 1640. To this they returned the Answer that follows which was sent by Sir Iames Mercer Right Honourable An. 1639. AS nothing in Earth is more desired of us than His Majesties favour so doth nothing delight us more than that His Majesty beginneth again to hearken to our Humble Desires The Covenanters make a second Address wherein we trust nothing shall be found but what may serve for His Majesties Honour and for the Peace of His Dominions The Particulars we would have expressed but that they are contained in the Conclusions of the late Parliament and our Printed Declarations which were sent to your Lordship but in case the Papers be not by your Lordship we now summarily repeat them That His Majesty would be Graciously pleased to command that the last Acts of Parliament may be published in his Highness's Name as our Soveraign Lord with the Estates of Parliament convened by His Majesties Authourity Next That the Castle of Edinburgh and other strengths of the Kingdom of Scotland may according to the first foundation be furnished and used for our Defence and Security Thirdly That our Countrymen in his Majesties Dominions of England and Ireland may be free from Censure for subscribing the Covenant and be no more pressed with Oaths and Subscriptions unwarranted by our Laws and contrary to their National Oath and Covenant approved by His Majesty Fourthly That the Common Incendiaries who have been the Authors of this Combustion in His Majesties Dominions may receive their Iust Censure Fifthly That our Ships and our Goods with all the Damage thereof may be restored Sixthly That the Wrongs Losses and Charges which at this time we have sustained may be repayed Seventhly That the Declarations made against us as Traytors may be recalled and in end by advice and consent of the Estates of England convened in Parliament His Majesty may be pleased to remove the Garisons from the Borders and any Impediment that may stop free Trade and with their advice may condescend to all Particulars which may establish a stable and well-grounded Peace for enjoying of our Religion and Liberties against all fears of molestation and undoing from year to year as our Adversaries shall take the advantage This Royal testimony of His Majesties Iustice and Goodness we would esteem to be doubled upon us were it speedily bestowed and therefore must crave leave to regrate that His Majesties Pleasure concerning the Meeting of the Peers the 24th of this Instant will make the time long ere the Parliament be convened which is conceived to be the only mean of settling both Nations in a firm Peace and which we desire may be seriously represented to His Majesties Royal thoughts the more this time is abridged the more able will we be to obey His Majesties Prohibition of not advancing with our Arms Our Actions and whole comportment since the beginning of these Commotions and especially of late since our coming into England are Real Declarations of our love and desire of Peace nothing but invincible necessity hath brought us from our Country to this Place no other thing shall draw us beyond the limits appointed by His Majesty which we trust His Majesty will consider of and wherein we hope your Lordship will labour to be a profitable Instrument for the Kings Honour the Good of your Country and of Your Lordships humble Servants and affectionate Friends A. Lesly Rothes Cassils Montrose Dumfermline Lindsay Lowdon Napier Tho. Hope W. Rickartoâ—n J. Smith P. Hepbuâ—â— D. Home Keir Ja. Sword Scots-Leager at New-Castle Sept. 8th 1640. An. 1640 On the 24th of September the Peers of England having met the King by their Advice commanded his Secretary to write the following Letter My Lords The King appoints a Treaty ACcording to His Majesties appointment the most part of the Peers of this Kingdom of England met here at York this day where His Majesty did communicate unto them your Desires and Petitions and because you do so earnestly press for a speedy Answer His Majesty with Advice of the Peers hath nominated such a number of them for a Conference with you upon Tuesday at Northallerton whose Names are underwritten But withall if you shall think the time too short and that with conveniency you cannot come so soon thither if betwixt this and Sunday you do acquaint His Majesty therewith he will take Order for the delay thereof for one day or two And that you may without all fear or danger of Detention send such Persons unto the said Conference as you shall think most fit if betwixt this and Sunday you send hither the Names of these you mean to imploy His Majesty will with all possible diligence return a safe conduct under his own Royal Hand for them and their necessary Servants His Majesty hath likewise commanded me to let you know that upon your relieving of such Officers and others of His Subjects as are detained by you he will return all such of yours as are his Prisoners either here or at Berwick and hereafter resolves that fair Quarters should be kept betwixt both Armies Thus having imparted His Majesties Pleasure I continue Your Lordships Servant LANERICK York 24th of September 1640. And now the King was in a great strait what to resolve on Most of all the
Peers advised a Settlement with Scotland and a Parliament in England Strafford's Advice was more severe and the Marquis pressed a Pacification But though their Opinions varied yet their Friendship continued since both had the same designs for the Kings Honour and Service A recruit of Money which was beginning to run low was not to be hoped without a Parliament and their late experience told on how uneasie terms that was to be had Earl Lowdon also assured the Marquis by his Letters that the Covenanters were well armed well commanded and very resolute nor did they doubt of a strong Party in England and therefore shewed how dangerous it would prove to His Majesties Affairs if a Treaty should not presently follow The Marquis little regarding how ill these Counsels would be represented by others used all his Industry to prevail with the King for a Pacification on any terms since none could be so bad as the hazard the King was like to run if matters continued so broken for it was now apparent how faintly His Majesties Forces did serve him and with how much resolution the Scotish Armies proceeded neither were they without fears in their own Army and that many of the Peers and People of England would have assisted the Scots if matters had run to extremities A Breach betwixt the Marquis and the Earl of Montrose But at that time a passage fell out which drew after it a tract of great Troubles on the Marquis The Earl of Montrose had in Iuly that year procured a Meeting of some Noblemen at Cumbermwald the Earl of Wigtons house where there was a Bond signed by them of adherence to one another in pursuance of the Covenant and from New-Castle he continued to keep Correspondence with His Majesty notwithstanding an Act that had passed in the Committee that none should under pain of Death write any Letters to the Court but such as were seen and allowed of by at least three of the Committee But this Correspondence of my Lord Montrose came to the knowledge of the Covenanters and there were ill Instruments who suggested that this Advertisement must have been given by the Marquis which being too easily believed occasioned a Breach betwixt them that could never be made up And Sanderson hath had the Impudence not only to fasten this on him but as if there had not been Imputation enough in it he adds that the Marquis had in the night picked His Majesties Pockets for his Letters Indeed he needed not take such Courses had he been capable of that Treachery for the Kings Confidence in him was such that he delivered all the Letters he had from Scotland to his keeping and if he had designed such a thing upon Montrose it was in his Power to have done it long before for in October and December of the former year Montrose had writ much in the same strain to the King which Letters the King gave him and are yet extant but were never heard off till now that the Writer gives this account of them But the way how that Letter was discovered was this the Covenanters sent Sir Iames Mercer to York with their Letters to my Lord Lanerick of September the 14 th with whom my Lord Montrose sent his Servant with Letters to some of his Friends at Court and these Letters had been shown to the Committee but as he sealed them up he put within one to Sir Richard Grahame a Letter to the King which had not been seen and Sir Richard opening his Letter carelesly the inclosed to the King dropt out whereupon Sir Iames Mercer being near him stooped down in civility to take up the Letter and read the Direction of it and he returning next day to the Scotish Camp told what he had seen to the General who in a Committee that sate that afternoon wherein it was my Lord Montrose's turn to preside said that the Gentleman they had sent must be examined concerning any Letters he carried to the Court and so he was called in and examined But Montrose understanding that his Correspondence with the King was discovered said that seeing others kept a Correspondence with the Court he knew not why he might not do it as well as they it was answered if others were guilty that did not excuse his fault but when that could be made out against any they were liable to the same Censure he had now incurred whereupon he was commanded to keep his Chamber and he called a great many of his Friends to him to try who would adhere to him whereupon the General bade the Earl of Calender who was then Lieutenant-General tell him that if he came not and submitted himself he would hold a Council of War upon him and proceed against him Capitally Upon this my Lord Montrose came and produced a Copy of the Letter he said he had written and craved pardon and so this Matter was passed over â—ut it was suspected that his Letter had been sent to the Covenanters by the Marquis whereas indeed they knew no more of his Letter but what they had from Sir Iames Mercer who read the Address of it and so they knew not what was in it but by the Copy he produced Yet this went current for the Marquis his Treachery though Sir Iames Mercer did often vouch the truth of this before many Witnesses and particularly particularly to Sanderson himself before Noble Witnesses who acknowledged his Mis-information and promised to expunge that in the next Edition of his Book though there are no grounds to fear the Woâ—ld will ever be troubled with another Edition of so ill a Book The Treaty at Rippon In the end of September a Treaty was agreed upon and His Majesty named the Marquis and my Lords of Traquair and Lanerick to be amongst the Commissioners who should Treat in His name But the Covenanters excepted against the Marquis and Traquair whom they intended to pursue as Incendiaries and therefore they could not Treat with them as for Lanerick they had nothing to fasten on him Upon this the King resolved to send none but English Lords conceiving it not fitting to send any Scotchman if the persons he had imployed as Commissioners were not of the number Rippon a little Town fifteen miles from York was appointed to be the place of Treaty instead of Northallertown and the King sent the English Lords thither appointing Traquair and Lanerick to wait upon them for giving them Information of Scotish Affairs but he kept the Marquis to wait upon Himself The Treaty begun at Rippon and after a few days by reason of the new Parliament the King had summoned against the beginning of November was removed to London The Covenanters Demands were the same with those contained in their Letter of the 8th of September about which they continued Treating till the Iune of the next year and so this year ended But here I shall insert a Paper all written with His Majesties hand which though it do not relate
to Scotish business yet I judged it a crime to let any of the Reliques of that Princes Pen perish How it came into the Marquis his hand I know not it is an Answer to a Remonstrance sent to the King by the Two Houses at Westminster in the end of this year I Having taken to my serious Consideration the late Remonstrance made to me by Both Houses of Parliament do make this Answer I take in good part your care for the Preservation of the true Religion established in this Kingdom from which I will never depart as also for your tenderness of my own Safety and security of this State and Government It is against my mind that Popery or Superstition should any way increase within this Kingdom and I will restrain the same by causing the Laws be put in due execution I resolve likewise to provide against the dangers of Iesuites and Priests setting forth a Proclamation with all speed commanding them to depart the Kingdom within one month whereof if they fail or shall return then they shall be proceeded withall according to the Laws Concerning Rosettie you must understand that my Wife hath always assured me that to her knowledge he hath no Commission but only to entertain a persâ—nal Correspondence betwixt Her and the Pope of things requisite for the exercise of Her Religion which is warranted to Her by the Articles of Our Marriage which give Her a full Liberty of Conscience yet I have so perswaded Her that since the misunderstanding of this person's Condition gives offence She will within a convenient time remove him Moreover I will take special care to restrain my Subjects from resorting to Mass at Denmark-house St. Jame 's and the Chappels of Ambassadours Lastly concerning John Goodman the Priest you must know the reason why I reprieved him is that as I am informed neither Queen Elizabeth nor my Father did ever avow that any Priests in their times were executed meerly for Religion which to me seems to be this particular case yet seeing that I am pressed by Both Houses to give way to his Execution because I will avoid the inconvenience of giving so great a discontentment to my People as I perceive this Mercy may produce I remit this particular Cause to Both Houses but I desire you to take into your serious Considerations the inconveniences which as I conceive may upon this occasion fall upon my Subjects and other Protestants abroad especially since it may seem to other States to be a Severity with surprize which I having thus represented to you think my Self discharged from all ill consequences that may ensue upon the Execution of this person Anno 1641. THe Marquis notwithstandiâ—g all the malice he knew some of his Country-men bore him did not slacken his endeavours to bring things to a final Settlement An. 1641. and the high language which was now spoken at Westminster furnished him with too strong Reasons for enforcing the necessity of agreeing with the Covenanters The King yields to all the Demands of the Covenanters At length the King weary of contending so much resolved to yield to most of their Demands For the first of publishing their Acts though it was contrary to the practice of Scotland to hold a Session of Parliament unless the King were present by himself or his Commissioner yet it was represented that was but a point of Form for as they Sate by the Kings Summons so they did not pretend their Votes were Laws without the Kings Ratification and their Sitting in this manner though disorderly could not be so derogatory to the Kings Authority as at first view appeared since it was the constant practice of the Two Houses in England to Sit and Vote in the Kings absence The King was willing all these Acts should be of new voted promising his Royal Assent to them but they were stiff and the King yielded For the Reparation of Losses the King remitted them to the Two Houses who considered their Accompts and gave them a large Brotherly Assistance For the disposal of the Castles the election of the Councellours Officers of State and Judges which the Covenanters desired should be done with Advice of Parliament they went very harshly down with the King But they alledged divers old Laws for their Demands which seemed now necessary to he revived since His Majesty was so seldom in Scotland The Kings great apprehension of this was that it would give a Copy to England for making the like Demands to which it was answered that the Kings residence in England made the case to differ vastly the Scotish Lords engaging upon their Honour to declare in case the Two Houses should make the like Demands they were unreasonable in so doing In a Word the King granted all they demanded only he thought it unjust and unreasonable to grant an Indempnity to the other Party and let his Friends be secluded from it wherefore he pressed nothing so earnestly as that the Oblivion might be without exception and the List of those who were summoned upon the pretence of being Incendiaries was so great that he thought to abandon so many of his Faithful Servants to the violence of the Times was so dishonourable that he could not answer for it neither to God nor man The Covenanters to yield somewhat reduced their great number to five persons who were the Earl of Traquair the Bishop of Ross Sir Robert Spotswood Sir Iohn Hay and Doctor Balcanquell but the King thought he could not yield to that Demand were there but one excepted and told them that though he had better Grounds to pursue some of themselves as Incendiaries yet being willing to dispense with these his Resentments he had reason to expect the same Condescendency from them But they pretended their Bond and Oath for prosecuting of them and though it was told them that an ill Oath was worse kept yet they were stiff and the temper found was that their Processes should go on but their Censure should be remitted to the King and that the Scots should be satisfied with his Assurance that he should imploy them no more in Scotish Affairs without consent of Parliament And thus all things were agreed on and His Majesty determined to go in Person to Scotland to settle matters there but at this time the Scotish Commissioners began to Cabal with the Male-contents in the Two Houses and in particular concurred with them in the pursuit of the Earl of Strafford The Friendship betwixt the Marquis and that Gallant man had been great and intire and as his Testimony in those matters about which he was examined was among the Evidences Strafford had in his Defences so his Confidence in the Marquis did appear by the following handsome Letter he wrote to him a few days before his Death May it please your Lordship HItherto I judged it not fit to endanger your Lordship by any Intelligence betwixt us which might have turned much to your prejudice in a time when
the World is in so much mis-understanding of me but now be your Lordship pleased to admit me to resort to your noble Expressions and former Friendship that I may carry forth of the â—ourt with me the belief and tokens of it It is told me that the Lords are inclinable to preserve my Life and Family for which their generous Compassions the great God of Mercy will reward them and surely should I die upon this Evidence I had much rather be the Sufferer than the Iudge All that I shall desire from your Lordship is that devested of all Publique Imployment I may be admitted to go home to my own private Fortune there to attend my own Domestick Affairs and Education of my Children with as little asperity of words or marks of Infamy as possibly the Nobleness and Iustice of my Friends can procure for me with a Liberty to follow my own occasions as I shall find best for my self This is no unreasonable thing I trust to desire all considered that may be said in my case for I vow my fault that should justly draw any heavy Sentence on me I yet do not see yet this much obtained will abundantly satisfie a Mind hasting fast to quiet and a Body broken with afflictions and infirmities And as I shall take my self highly bound to any that shall further me therein so I more particularly desire to receive an obligation therein froâ— your Lordship than from others as being purposed in the truth of my former Professions to express my self Your Lordships humbly to be Commanded STRAFFORD Tower 24th of April 1641. But since all His Majesties most vigorous Intercessions were not able to preserve that Great man it is not to be imagined any good Offices done by meaner persons could succeed yet the Marquis acted in it with Great Candor and Friendship but that preserved him not from being suspected of having advised the King to consent to Strafford's Death and for his Vindication I shall only refer the Reader to his own words in the Speech he delivered the morning before he died to be inserted in its proper place The Scotish Bishops who were now at London thought themselves undone and complained of the Marquis as the cause of their Ruine Many complain of the Marquis and yet he had been careful to get them all either provided with Places or relieved with the Kings Money so that all of them in their Letters to him acknowledged him to be their only Patron about the King Traquair was worst pleased of any and complained that the Marquis had opposed the Article of Incendiaries till his own Name was dashed out and then had deserted the rest but his Name was not struck out alone Huntley's and many others being dashed out with him besides the prejudice of that Process was only to be put out of Imployment in Scotland by which the King was engaged in Honour to make up that loss another way wherein the Marquis engaged to serve him faithfully Others of the Court who hated and envied him were glad to find colours of Censure in any of his Actions and it was loudly talked that the King was now to part with his Crown of Scotland with his own hands by granting Concessions so derogatory from Kingly Authority but the King who understood his own Affairs better than any of these Censurers saw the necessity of settling with Scotland immediately For the Marquis represented to His Majesty that though those Acts did very much diminish his Authority yet the Scotish Parliament being governed but by a few Heads who influenced the rest there was no doubt but the gaining of the Leading-men might so prepare things that ere a few years went about all might be brought to a greater Temper for the King was firmly resolved to make good what he now promised and never to violate these Concessions unless he could get them rescinded in Parliament And let me once for all say freely this was the great Measure of all the Marquis his Counsels about Scotland that except when he saw at the beginning as hath been said that the Kings Interest and Honour required his utmost Resentments and that a forcible Redress seemed not improbable and promised success way should be given to the present heats for some time in hope of recovering of them by such Concessions The Earl of Rothes is gained and soon after dies and in pursuance of this design Rothes was much caressed by the King and intirely gained but as he was recovering to his Duty he was overtaken by sickness of which he died at Richmond and was much regrated both by those of the Court and the Covenant being a man of great Abilities and much Honour In Iune the Earl of Dumfermline and Lowdon were sent from London to Scotland with the Articles of the Treaty and a desire that the Parliament there might yet be prorogued for some time since the Affairs of England put a stop to the Kings present Journey They also carried down a Submission from Traquair and were to deal that the Acceptance of it might stop the further agitation of the Pursuit against him All this while there had been divers Meetings of Parliament in Scotland but by reason of the dependence of the Treaty they were still prorogued The Parliament of Scotland is oft prorogued but goes on with the Process against Incendaries Their greatest business was to prepare the Process against the Incendiaries both the President Spotswood and the Clerk of Register Hay being Prisoners in the Castle of Edinburgh since the former Winter The Covenanters required the Kings Advocate to concur with them according to his Place which obliged him to assist in the Pursuit of all Publick Crimes but Lanerick in the Kings Name commanded him to deny his concurrence and this made much ado as also in all the Kings Orders for proroguing the Parliament mention was made of my Lord Traquair as Commissioner against which they always protested But at this time the Parliament would not consent to Prorogue of new only they declared they should be preparing matters and not go on to the Determining any thing before the middle of August against which time the King purposed to be in Scotland As for Traquair's Submission it was rejected and many begun to complain aloud that whereas they signed a Bond to prosecute the Incendiaries yet many were dispensed with and much pains was taken by distinctions to satisfie their Consciences that they meant not to set up an Inquisition by that Oath and that it was only meant of those that were declared and avowed Incendiaries but others said that the words were general and tied them without respect of persons to pursue all equally The Earl of Montrose is made Prisoner for corresponding with the Court. At this time there was a Gentleman seized at Broxmouth with Letters to my Lord Montrose which discovered a new Correspondence of his with the Court for my Lord Traquair's Preservation and with this
the story of the Bond signed the former year at Cumberwald broke out upon which he and some of his Friends were committed close Prisoners to the Castle of Edinburgh and were called Plotters On the 12th of August the King came to Scotland The King comes to Scotland accompanied by the Prince Elector who came along with him to see what Assistance he might expect from the Scotish Parliament The King to please the Scotish Clergy the more appointed Mr. Henderson to wait upon him while he should be in Scotland and to provide Preachers for him being resolved to conform himself to the Scotish Worship while he was among them The Parliament at first Voted that all the Members should subscribe the Covenant which was done by all only the Duke of Lenox took a few Days to advise All the Members of Parliament subscribe the Covenant after which he came and subscribed with the rest Most differences had been settled at London but the matter of the Incendiaries and Plotters was that at which things stuck long and occasioned the Kings stay in Scotland Many censured the Marquis as not concerning himself so much for those persons as became him and because he in prosecution of the Design the King had laid down took much Pains on the Earl of Argyle it was said he was courting the Kings Enemies and neglecting his Friends But he judged the great Design of Settling the King with the Country was to be prefered to all private Interests and his brother following his Method shared with him in the same Jealousies though not to so high a degree But His Majesty knew the Marquis too well to be easily moved with these Whispers therefore in one of his Speeches in Parliament He declared That the Marquis had carried himself as a faithful Subject and Servant in all his Employments during these Troubles and as one that designed the Good and Happiness of his Country upon which the King gave his Assent to the following Act of Parliament IN the Parliament holden at Edinburgh The Marquis is vindicated by the Parliament in this Session thereof holden the last day of September tâ—e year of 1641 years this Act following was made by the King and Estates whereof the Tenour follows Whereas there have been certain scandalous words spoken of the Marquis of Hamilton tending to the prejudice of his Honour and Fidelity to His Majesty and his Countrâ— which are now acknowledged by Henry Lord Ker Speaker thereof in presence of His Majesty and Estates of Parliament to have been rash and groundless for the speaking whereof he is heartily sorry and since His Majesty and the Estates of Parliament know it to be so Therefore His Majesty and Estates foresaid declare the said Marquis of Hamilton to be free thereof and esteem him to be a Loyal Subject to His Majesty and faithful Patriot to his Country and the said Estates remit the further Censure of the said Lord Ker to the Kings Majesty Extracted out of the Records oâ— Parliament by me Sir Alexander Gibsone younger of Dury Knight Clerk to his Highness's Register and Rolls under my Sign and Subscription manual Alex. Gibsone Cl. Reg. The Marquis had often heard that his Enemies had Designs upon him and he represented what he heard to the King yet he loseth ground with the King but acknowledged he had it only by Whispers and thus matters went on till the 11th of October Yet all this while the Marquis was insensibly losing ground with the King for the perpetual Whispers of his Enemies could not choose but make some impression being specious though forged grounds of Jealousie cunningly contrived and managed with great assiduity art and malice Lanerick also found the Kings Countenance beginning to change towards him whereupon he assumed the freedom to ask His Majesty if he judged that he had been capable so far to forget his particular Favours to himself who from nothing had heaped both Fortune and Honours on him as to do any thing might merit the change he saw in him the King answered He believed he was an honest man that he had never heard any thing to the contrary but that his Brother had been very active in his own Preservation This made Lanerick Look the more narrowly to his Brothers Actions to see if he could discover whether in any thing he had studied to preserve himself by prejudicing the King but in a long Account of that business which I have under his hand he protested that the nearer he looked he discovered in him the greater Fidelity and Affection to his Master It is true the King met with great Opposition in Scotland in the matter of the Incendiaries and Plotters and it was represented that the Marquis and his Brother might have made it less which perhaps left some Impressions on His Majesty but having it so often under both their hands That might their Souls perish if they left any thing undone that was in their power to get a Compliance to the Kings Desires from the Parliament I must believe this Opposition flowed from the Distempers of that Time But about the middle of October an odd passage fell in which for its not being expected was called the Incident A Gentleman not known to the Marquis brought him and the Earl of Argyle the Discovery of a Plot he said was laid for their Lives and the Earl Lanerick's which he said he could justifie by one Witness who was invited to the execution of it He told also a long formal Story of the persons were to be Actors of Time Place and Manner and said it was to be executed that very night This the Marquis carried to the King without naming Particulars which could not be done safely by the Law of Scotland since he had but one Witness to prove them by The King desired him to examine the thing to the bottom and bring him what further Evidence he could find In the Evening other Presumptions were brought to the Marquis but no clear Evidence and the mattâ—r was got abroad and in every bodies mouth so that all who depended on these Lords came about them in great numbers and those on whom the Design was fastened gave out it was a Forgery to make them odious and gathered also together The Marquis hearing this did not stir out of doors lest some of their too officious followers had raised Tumults and next day in the Evening he with the Earl of Argyle and his Brother and half a dozen Servants went out of Town to his House of Keneel twelve miles from Edinburgh and sent his excuse to His Majesty with the true account of the Reasons that moved him to do what he had done Upon this many Discourses went about People of all sides passing construction as they were affected but the Parliament took the whole matter into Consideration Those who had given the Information owned what they had said and those on whom the Plot was fixed did as positively deny
all so that no clear Proof being brought the Parliament could come to no other Decision but that the Lords had good reason to withdraw themselves and so they were invited to return to their place in Parliament But he is again in His Majesties favour This was a tedious business and put a great stop to the Settlement betwixt the King and the Nation but further Particularities are thought needless to be set down since this Matter vanished no effect following on it The Marquis quickly recovered his former â—oom in the Kings Affection so that there remained not so much as a vestige of this cross Adventure Things in Scotland took presently a Settlement and those were called Plotters and Banders after examination and a delivering up of their Bond which was burnt by the hand of the Common Hangman were set at Liberty after some time of further Restraint but the Process of the alledged Incendiaries was to go on yet they were to enjoy their Liberty and undergo no other Censure but the loss of Publick Imployment which though yielded at London was long resisted in Scotland they pretending their Oath to bring them to condign Punishment But as the King was going on with the Settlement of one Kingdom The Rebellion breaks out in Ireland he got the saddest News that ever were heard out of Ireland of the desperate Rebellion and Massacre had broken out there whereupon His Majesty recommended to the Parliament of Scotland the Relief of his oppressed Protestant Subjects in Ireland which they undertook very willingly But because of the interest England had in Ireland Commissioners were appointed to Treat with the Parliament of England for Concluding a Peace betwixt the two Nations and Settling of Trade and particularly about the Terms upon which they should engage in the War of Ireland and so about the middle of November the King having granted to the Scotish Nation all they could demand ended the Parliament there and returned to London about the end of that month But before the Marquis left Scotland he by the Kings particular Command entred in a close Friendship with Argyle considering that besides the great Power of that Family his Interest with the Clergy and Covenanters was such that none could be so useful to His Majesties Service as he And this Friendship was to be twisted closer by a Bond of a near Alliance betwixt their Children But from all the Letters that passed betwixt them yet to be seen it is as clear as can be that all the Marquis his design in this Friendship was for the Kings Service and that all that time Argyle expressed a hearty concurrence in it To gratifie the Covenanters the more the King had created him a Marquis Lowdon was also made Chancellor Lesley Earl of Leven and Lindsay put in a fair way to be Treasurer Traquair being turned out The King at his return to London The King returns to London where he finds matters worse found the Edge he had left on some of their spirits was no way blunted but growing into more sharpness When the Marquis was in Scotland a Member of the House of Commons laying out their Grievances among other things inveighed against Monopolies and spoke so plainly that all understood he meant the Marquis as a Person that deserved to be accused as well as either Strafford or Canterbury but others of that same Cabal took him up sharply And now upon the Kings return his Enemies finding their designs against him could not take with the King in whose Favour he was as much as ever they took a strange Course to destroy him which was to set on some Members of the House of Commons to accuse him as the Incendiary betwixt England and Scotland who had engaged England into all that Expence who had also invited the Scots to march into England and had been always the third in Strafford's and Canterburie's Counsels who had advised the Dissolving of the former Parliament and had oppressed the Subjects by the grants of many Monopolies which he had This was smelled out even by some of the same Cabal who perswaded their Friends to desist shewing them That for his Carriage betwixt England and Scotland an Oblivion was passed in the late Treaty which was ratified by the Parliament of England That for other things though his Engagement in the Court had carried him along to some extreme Counsels yet they said it was well enough known how moderate his Inclinations were how great an Instrument he had been in the late Settlement of Scotland and how much he was hated upon that account and that this was a design to destroy him either out of malice or because some feared his moderate Counsels in England as much as they hated them in Scotland This seems to have flowed from the Friendship which divers of the Leaders in the House of Peers had for him whom he had often obliged and as they were not unsensible nor forgetful of his good Offices so they seem to have had a particular kindness for his Person And while he was in Scotland he kept Correspondence with Mandevil Essex and others and chiefly with the Lord Say and Seale but all their Letters shew that his greatest business with them was to prepare them to a better Correspondence with the King But when the Marquis smelled out the design against him he gave the King an account of it and told him that if His Majesty intended to go on in his Affairs in a Kingly way he would wait on his Commands and expose himself to the displeasure of the House of Commons but if His Majesty intended to settle Matters by an absolute Compliance with the Parliament then he conceived it was fit that his Servants should use their endeavours for their own Preservation that so they might be afterwards useful to his Service yet he said he would do nothing for himself but by His Majesties Allowance and Direction being it is like taught more caution by the Jealousies had been taken from his care of vindicating himself in the Parliament of Scotland The King upon this allowed him to use all means for his own Preservation which he so managed that the designed Accusation came to nothing This particâ—lar His Sacred Majesty vouchsafed to tell the Writter adding that he had it from the Queen His Mother Anno 1642. An. 1642. THe Tumults and Disorders about Whitehall and Westminster rose to that height that the King withdrew to Windsor in the beginning of the year The Scotch Commissioners continued Treating about their engaging for Ireland The Sâ—ots Commissioners animate the Houses to press the change of the Laws about Church-Government which the King pressed forward very earnestly but some of the Commissioners begun to tamper with those who were most opposite to the Court in the Two Houses and in stead of Moderating them were instigating them to persist in their Demands about Religion to get Episcopacy brought down and Presbytery set up To
should I be an undertaker to the Parliament for either having neither my Instructions nor Directions from Him to mention to the Parliament or any Member there But these Reports proceed from such who perhaps if the matter were looked into have said what probably they will not make good and so endeavour to make other men bear the Burthen I am not sorry they have joyned you with me in this since it cannot prove your disadvantage the thing being so eminently false I see my Enemies malice will have no end and when they want other grounds Sickness is enough for them to take advantage of but if they had been in the Condition that I have been in these three weeks they would have been more charitable and so I leave them The uncertainty of my Recovery hath made me write thus much to you and truely not without trouble that you may let His Majesty know my Innocency in these particulars and that I still continue in a Condition not able to attend Him which is a great grief to Your faithful Friend and Servant HAMILTON Whitehall 7th April 1642. In the middle of April the King signified to his Council in Scotland his Design of going in Person against the Rebels in Ireland The King thinks of going to Ireland which he purposed both to put more vigour in the Army by his Presence as also to refute those Calumnies were spread upon him as if he inclined to Popery and had been accessory to the late Rebellion with which damnable Calumnies his Enemies were beginning to asperse him But the Scotish Council as well as the Two Houses but that motion is disliked by both Nations interceded earnestly with him against this Design pretending the Hazard his Sacred Person would be in Some judged that they were afraid lest by such a real Argument the Calumnies were cast on His Majesty and scattered among the Vulgar for carrying on their Designs might be refuted and some feared lest His Majesty had he gone to the Army might have gained too much upon their Hearts whereby he might have been in a Condition to have over-awed the Two Houses In May the Scotish Council sent up the Lord Chancellor to offer a Mediation for a better Understanding betwixt the King and the Two Houses but the King was much irritated The Chancellor of Scotland sent to mediate betwixt the King and the Two Houses by the Affront he had lately received before Hull from Hotham He likewise found the Chancellor insisting on Vniformity of Church-Government therefore he ordered his return into Scotland and gave him a full account of all had passed betwixt him and his Two Houses requiring him to give a true representation of it to his Council there In the end of the Month the Marquis had recovered so much Strength as to come and wait on the King at York where he would gladly have prosecuted his former Counsels for advancing a Settlement betwixt the King and his Two Houses but he knew not how to advise the King to grant more than he had already yielded to which as the King said to him was more than had been granted by all the Kings of England since the Conquest adding that though he had gone a great length in Concessions to them they had not obliged him by one favourable Vote so that nothing remained for the Marquis but to lament the Kings Misfortune yet he offered the uttermost of his Services to him and subscribed for the pay of threescore Horse in the Kings Army But he represented to His Majesty the Hazard of Scotland's concurring with the Two Houses which the King might easily apprehend both from the late carriage of their Commissioners and from what he knew of their Temper especially of the Ministers Zeal and Power with the People For his own part he said he was able to do the King small Service any where but having neither Interest friends nor followers in England he would be but a burden to His Majesty there but if he could signifie any thing it was in Scotland where he should use his utmost Endeavours to divert them from assisting the Kings Enemies for to expect Aid from them was not to be thought upon His Majesty judging this most expedient sent him to Scotland without any positive Instructions recommending only to him his Service in General of which he was so confident that he wrote the following Letter after him Hamilton and is sent by the King to Scotland I Have no time to write Particulars and to perswade you to serve me I suppose that I have less need than time therefore in a word this is a Time to shew what you are assuring you that at all times I will shew that I am Your most assured and constant Friend CHARLES R. MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment THE Marquis came to Edinburgh in the beginning of Iuly Great Jealousies of the King in Scotland and found very many disgusted with him for his late concurrence in the Council at York as a Peer of England He studied by all means to remove the wicked Insinuations which some in England had sent to Scotland against the King the most hurtful of them was about his favouring of Popery and his Designs of falling upon Scotland by Force as soon as he had mastered the Two Houses These were zealously propagated by the Emissaries from England and all Places sounded with the danger Religion was in so that he found his Negotiation was like to prove again unfortunate The only means by which he had any hopes of engaging Scotland in the Kings Quarrel was to move that an Invitation might be sent from Scotland to the Queen for her return whom the Tumults at London had driven beyond Sea that she might mediate for a Settlement betwixt the King and the Two Houses This he judged might insensibly draw them on to own the Kings Service for if the Queen came upon their Invitation they would be obliged in Honour to protect her and see that she met with no Injuries and to resent such as should be done her and therefore he sent a confident Friend to give His Majesty an account of the Posture things were in according to the following Instructions SHew His Majesty with what a prejudicated Opinion I was received by reason of what I have done at York which I still lie under Shew in what Temper I found this Kingdom occasioned as I conceive by the apprehension they have of His Majesties not observing what He hath already granted if He shall be in a Condition to force them seeâ—â—g it is believed that what He hath given was against His Will Next divers eminent Persons apprehend that if He obtain His ends by Force they will be neglected and Persons obnoxious to this Kingdom cherished Shew that some activâ— mâ—n will not lie
sent to Scotland to inform them of all had passed betwixt him and the Two Houses whose account of the state he found things in follows in a Letter to my Lord Lanerick My much honoured Lord who informs about the State of Affairs there WHen I arrived here your Brother was in Argyle but upon knowledge of my coming came himself and brought that Marquis with him to Hamilton whither the Chancellor went likewise and there I attended all three I found them with the same Affections and Desires your Lordship left in them but as they conceive not so able to Act as they were then They apprehend the Parliament of England will be much higher in their Demands than at that time as understanding now both the Kings Power and their own which were then but upon forming and promised a greater Equality The Kings two Messages to the Parliament have likewise so discredited His Majesties Affairs in this Country that they fear many forward enough before will now unwillingly engage in any way which may displease the Parliament yet they are resolved to do their best and I believe say little less in this inclosed Letter signed by all three His Majesty must expect in point of Religion to be prest for Vniformity in Church-Government and if His Majesty may be moved to publish some handsome Declaration satisfactory in that point it would infinitely advance all his Affairs in this Country and from hence have a powerful influence upon that The Parliament hath gained much here by their last Vote and there is a very fine Answer expected to their last Message sent by the Lord Maitland which will extraordinarily confirm the former Correspondence if the King do not something plausible in the same kind timeously and unconstrained the two Kingdoms will shut upon him in despight of what his best Servants can do Here is no Order for publishing His Majesties Declarations and great care taken to the contrary which occasions great prejudication in the common Peoples minds and were very fit to be amended I am looked upon here with great Iealousie yet it lessens because they see I am not busie I am advised by your Brother and the rest for avoiding of suspicion to go up to Court which having dispatched some particular business I have of my own I am resolved to do They have entrusted me with these particular Queries of which they desire His Majesties Resolution if your Lordship find opportunity you may acquaint His Majesty with them They desire likewise your Lordship may be sent down with a Letter to the Commissioners full of Confidence and allowing them all Freedom in their Consultations In respect of this great Meeting your Brother cannot make his Iourney to Holland no Act of that nature being now to be done their Opinion and Authority not consulted but I find them all right set in the thing and truly so respective to the Queens Person it did my Heart good to hear them All the Lords Conservators which are with you will receive Summons but it is not desired they should come down and truly I believe their Presence will do more hurt than good I must intreat your Lordship to acquaint His Majesty with these Particulars to receive his further Commands and convey them to My Lord Your Lordships faithful humble Servant M. MVRRAY Edinburgh 10th Sept. 1642. POSTSCRIPT The King must send to New-Castle Directions concerning his Ships for their Victuals are quite spent my poor opinion is they should be sent to Holland where they may be safer and attend the Queen What the Queries mentioned in this Letter were appears not to the Writer but for the Letters and Declarations the King sent to Scotland they are all of one strain and because the clearest and fullest was sent the next Summer I shall refer all to that which shall be set down in its proper place Only I have here inserted an account of the Kings Affairs with the Two Houses written by Lanerick to one in Scotland whose Name I find not set down but believe it was to Mr. Murray and corrected with His Majesties Pen in some places SIR AS you desired me I moved His Majesty for a Copy of the last Message to the Houses of Parliament which you will herewith receive An account oâ— Affairs in England His Majesty hath not as yet had any Answer from them but we are informed here His Messengers have been far otherwise received than he expected since they were the Carriers of so good a Message for the Earl of South-Hampton a better Poster than the Earl of Dorset came to the House upon Saturday last and as he was going to take his place he was called to to withdraw He said he had a Message to deliver them from His Majesty but received no other Answer than still a Command to withdraw which at last he obeyed then they sent the Black Rod to him requiring him to send the Message to them by him which he refused having Commands to deliver the Message himself to the House But they again pressed it yet he still refused at last they declared that if any Evil did arise from the not delivering of his Message they were free of it whereupon he sent it to them by Mr. Maxwell to which he received no other Answer than their absolute Command immediately to remove from Town The House of Commons were something more favourable to Sir John Culpeper who after some Debate was admitted into the House though not to his Place but as I am informed delivered his Message at the Bar and thereafter was commanded to withdraw It was then taken into Consideration whether or not he should any more be admitted as a Member of that House which was voted in his favours so that it is like their Answer will be returned by him which I hear will only be to let His Majesty know that so long as his Proclamations are out against the Earl of Essex and such others their Adherents of whom they account themselves to be as Traytors and the Standard up for raising of Men to suppress them they account themselves as out of His Majesties Protection and so incapable to Treat By this the World will see whether His Majesty or they be the occasion of this War and of all the Blood which is like to be shed in this unfortunate Kingdom His Majesty hath left no means of Accommodation unessayed for he hath even descended to make the first Offer of a new Treaty so careful is He of His Subjects Lives that for their Safeties He is even prodigal of His Own Honour and certainly he hath not a Subject that hath Honour but will be sensible of the Extremities he is now reduced into I wish our Countrymen may take it so to heart as not to neglect this occasion of witnessing their Affections to His Majesty by making some Overtures for such a Treaty or offer of their Service to Him since His Majesty is absolutely resolved to send no
which could never be recovered for this raised Jealousies in the minds of the Scotish Lords as if the King had no Confidence in them which was cherished sufficiently by divers Male-contents upon which the Marquis despaired of getting any good done in Scotland All he judged possible thereafter was to prevent and provide against the Evil he feared and that he prosecuted with all the Zeal he was master of which His Majesty understanding by Mr. Mungo Murray Cupbearer wrote him what follows Hamilton YOur Letter and this Bearer hath so fully satisfied me that I cannot be more confident in any thing than that you will beside what you have deserve that mark of Favour I intend you You know me too well to have more words spent upon you only this I think unfit to trust particulars to Paper having so trusâ—y a Messenger whom I stayed this long expecting dayly a Battel but now I think the Rebels want either Courage or Strength to fight before they be forced So referring you to my Servant Mungo I rest Your most assured constant Friend CHARLES R. Wollerhampton the 27th Octob. 1642. The next Meeting of the Conservatours was on the 24th of November The Conservatours become worse affected where their strain seemed much altered to the worse yet they still resolved to interpose in a Mediation betwixt the King and the Parliament of England whereupon they wrote both to the King and the Two Houses for a Safe-conduct to such as they should send up At this time there were great Complaints of some encroachments made upon the Priviledges the Scotish Nation had enjoyed in France The Earl of Louthian is sent to France for Redress whereof the Council thought it necessary to send one to France and made choice of the Earl of Louthian and sent him first to the King with the Instructions they had given him that His Majesty might send him as His Minister to negotiate that Affair One of the Instructions was to get the Marquis put in possession of the Honour and Revenue of Chastle-herault Upon the Earl of Lowthian's coming to Court the Instructions he had from Scotland were called for by His Majesty who judged he had no reason to allow this Precedent of His Subjects instructing His Agents to Foreign Courts and these are yet extant among Lanerick's Papers But the King caused write them over in his Name so that there was no ground from this to charge any thing on the Marquis as tampering with Foreign Princes which was publickly done by his Enemies on this occasion it having been ordinarily recommended by King Iames to all the Ministers he sent from Scotland to France Neither was this done without the Kings particular Knowledge and Orders for besides that the King gave that Instruction with the rest he very seriously recommended it by word of mouth to Lowthian's Care as he informed the Writer After this the Marquis represented to the King that it were fit he should send down some person of Quality to give fresh Assurances and Hopes before they sent up their Commissioners Lanerick is sent back to Scotland whereupon the King sent down the Earl of Lanerick as the person who understood his thoughts best and was ablest to second his Brother in advancing his Service He came from Oxford in the beginning of December and brought the following Letter from the King to his Brother Hamilton THough the Trust of this Bearer needs not a Credential Letter An extraordinary Letter of the Kings yet the Civility of a Friend cannot but under his hand as well as by word of mouth express his Kindness and resentment of Courtesies which of late have been such that you have given me just cause to give you better Thanks than I will offer at in in words I shall not neglect the lazie use of so trusty a Bearer by referring to him not only the estate of my Affairs here but likewise in what way you will be of most use to Me yet I cannot but tell you I have set up my rest upon the Iustice of my Cause being resolved that no extremity or misfortune shall make me yield for I will be either a Glorious King or a Patient Martyr and as yet not being the first nor at this present apprehending the other I think it now no unfit time to express this my Resolution unto you One thing more which but for the Messenger were too much trust to Paper the sailing to one Friend hath indeed gone very near me wherefore I am resolved that no Consideration whatsoever shall ever make me doe the like Vpon this Ground I am certain that God hath either so totally forgiven me that he will still bless this Good Cause in my Hands or that all my Punishment shall be in this World which without performing what I have resolved I cannot flatter my self will end here This accustomed Freedom will I am confident add chearfulness to your honest Resolutions seeing beside Generosity to which I pretend a little my Conscience will make me stick to my Friends assuring you I have none if I am not Your most assured constant Friend CHARLES R. Oxford 2d Decemb. 1642. This excellent Letter will both shew what pious Resentments His Majesty carried along with him in the greatest perplexities of his Affairs and discover how he did not think that the Marquis had either neglected or abused his Trust. Lanerick acted with more briskness and spoke more home and roundly than his Brother which preserved him in a high degree from the Jealousies which the smoothness of his carriage brought upon him Now the Pulpits were not idle for the Ministers begun again to work on the People The Ministers perswade the People to Arms. for the Defence of the Good Cause now in hazard which was ecchoed back with the applause of the Vulgar The Marquis and Argyle at enmity At this time the Marquis his Friendship with Argyle grew to a Coldness which after a few moneths turned into an Enmity for he finding Argyle so backward in all motions for the Kings Service and that he could not be prevailed upon to continue in a Neutrality in the English quarrel broke with him There was then in Scotland one Pickering an Agent from England who studied to poyson all with Misinformations of the Kings Proceedings and Designs The Marquis is complained of England as the Incendiary He wrote to Mr. Pym that he found good inclinations with all in Scotland to own their Quarrel and declare for them only the Marquis with his Friends resisted it so powerfully that till he were laid aside the success of his Negotiation was to be feared Wherefore he advised to proceed against him roundly and either to summon him to the House of Peers or to send down a Warrant to pursue him in Scotland as the Incendiary betwixt the two Kingdoms and he sent threatnings of this to the Marquis but he found his firmness to the Kings Service was proof against all
Attempts and he could neither be caressed nor cudgelled out of it Most of Pickering's Letters both to Pym and Clotworthy were intercepted from which I draw these Accounts About the 20th of December there was a Council-day a particular account whereof I shall give Great debates in the Council about the Kings Declaration as I have it from a Copy of a Letter written to London in which the Chancellour presented to the Council a Letter from my Lord Lindsay then at London with the Declaration of the Parliament But though the Lords of that Party knew nothing of this yet by private Letters Lanerick had some conjectures of it beforehand After the Parliaments Paper was twice read Lowdon resumed it fully and assoon as he had done with that Lanerick delivered another Letter from the King with as large a Declaration within it and after it was twice read Lanerick bade the Chancellour resume it as faithfully as he had done the former which accordingly he did The first thing the Marquis thought best to move as that of the least Importance which yet would discover how the Council was inclined was the Publishing the Kings Declaration The Lord Balmerino said the Parliament desired not theirs to be published so it were Officiousness to do it but that it were Injustice to publish the one without the other The Marquis asked was that because we owed as much to the Parliament of England as to the King Lanerick added he had a Command from the King for it Argyle answered they sate there to good purpose if every Message to them was a Command and they two let fly at one another for a while with much eagerness But the Marquis and Balmerino took the debate off their hands and managed it more calmly The Marquis said the Vote was to be stated Obey or Not obey the other answered that was the Bishops way of proceeding to procure Orders from the King without Advice and then charge all who offered better Counsel with Disobedience The Marquis said to what did they mean to reduce the Kings Authority if he might not set out Declarations for removing the Aspersions were cast on his Person and Government or would they speak plainly were they afraid that his Subjects might have too good an opinion of him if they heard himself There appeared a variety of Opinions before it was put to the Vote some were for Printing both some were for Printing neither some for Printing the Kings and not the Parliaments and one had a singular Opinion for Printing the Parliaments and not the Kings There were one and twenty Councellours present and it being put to the Vote Print or not Print there were eleven who voted I I I and nine voted No No No. This being carried that the Kings Declaration and not the Parliments should be Printed the Marquis moved next that the matter of these Declarations might be considered But the Lord Balmerino said the Parliament of England was long in contriving their Paper and the King and those about him had been no doubt as long in forming the other and if we shall fall upon a few hours Consideration to give our sense of them we were pretty fellows in faith which he twice repeated This rude Raillery touched the Marquis in the quick because he conceived these words were not so much a reflexion upon himself as on the King who on another great occasion had used the same expression However they had sate and debated long so they gave it over for that day This is set down more particularly because it was the first instance that these two Parties fell visibly asunder and henceforth they continued stated in two Factions But because I love not to name persons upon invidious occasions henceforth all the other Faction shall be designed by the General term of the Church-party others calling them Argyl's Party and the other the Hamilton-party However the Declaration was printed which drew a large share of Censure and Hatred on the two Brothers but the King was so well pleased with their Behaviour that he wrote the Marquis the following Letter Hamilton YOu know I am ill at words I think it were best for me to say to you as Mr. Major did you know my mind and indeed I know none of my Subjects that knows it better and having for the present little else to give my Servants but thanks I hold it a particular Misfortune that I can do it no better therefore this must suffice I see you are as good as your word and you shall find me as good in mine of being Your most assured constant Friend CHARLES R. Oxford December 29th 1642. An. 1643. POSTSCRIPT You cannot take to your self nor express to your Brother better thanks than I mean to you both for the Service you did me the last Council-day Anno 1643. THe next Year begun with Petitions which were brought from divers Shires and Presbyteries complaining of their Publishing the late Declaration but the Conservatours of Peace who were for the most part of the Church-party made this up the best way they could Most are inclined to joyn with the Two Houses against the King for first they declared a Publication was not an Approbation next they appointed the Parliaments Declaration to be also Published At this time the Marquis and Traquair renewed their old Friendship and seeing these Petitions coming in so fast which did clearly insinuate desires of engaging in the Parliaments Quarrel he with his Brother's and Traquair's advice contrived a Cross Petition to be offered to the Lords of Council And as the Motion of it came first from him so the first draught of it was from his Pen of which I find an account under Lanerick's hand so little reason there was to charge him with Juggling in that matter though it was not fit he should have owned it lest upon that account the Church-party might either have accused him as a Plotter or at least cast him from Sitting and Judging in it The Petition follows May it please your Lordships The Cross Petition THat whereas His Majesty with Advice of his Great Council the Estates of Parliament hath been pleased to select your Lordships to be His Councellours and hath by an Act of the late Parliament committed to your Lordships the Administration and Government of this Kingdom in all Affairs concerning the Good Peace and Happiness thereof and in regard of that great Trust reposed by His Majesty and the Estates of Parliament in you your Lordships have been and will continue so careful to acquit your selves of that weighty Charge as you may be answerable for all your Actions and Proceedings to His Majesty and the Estates of Parliament to whom as we conceive you are and can only be accomptable And now we being informed of a Petition presented by some Noblemen Gentlemen and others to the Commissioners for conserving the Articles of the late Treaty upon pretext of your Lordships not Sitting at that time
this Kingdom respectivè and which His Majesty since by so many Declarations and deep Protestations hath Sworn to maintain inviolably Thirdly That your Lordships may be pleased to consider that as nothing will more diminish His Majesties Greatness than that this Kingdom should consume in Civil War so nothing will more conduce to the Suppressing of insolent Papists malignant schismatick and Disloyal Brownists and Separatists the special if not the sole promovers of these unhappy Misunderstandings than that heartily and freely without respect of worldly and secondary Considerations we give to Christ what is Christ's and to Caesar what is Caesar's by means whereof the Truth and Purity of Religion shall be established to the utter Confusion of all these Sectaries true Monarchical Government firmly setled by which likewise Laws and Authority shall retain their ancient vigour and force to the Suppression of all Commotions and tumultuous Conventions the bane and overthrow of all true Religion and Policy Fourthly Although there be nothing farther from our minds than to presume to question or crave of your Lordships an account of your Actions knowing perfectly by the inviolable Laws and Customes of this Kingdome that to be only proper and due to the King and Parliament from whence you have that great Charge and Trust delivered unto you yet we hope your Lordships will give us leave in all Humility to remember your Lordships of your Deliverance June 1642. and are confident that the said Lords the Petitioners neither have nor shall have necessity to trouble themselves nor the Council with Supplications of this kind and that your Lordships in your Wisdom will take some Course for preventing all occasions which may in any sort disturb the Peace of this Kingdom or make Division among the Subjects thereof This Petition was signed by a great many Noblemen and Gentlemen Many sign it but though they took much pains to get Ministers to concur in it yet none of them could be drawn to it This Petition was presented with many hands at it to the Council and it was observed that as it was written by a trusty Friend of the Marquis's so also all his Friends signed it which made the Author suspected and did shew that his Friends adhered hitherto to their Duty and his Example All the Answer the Councellors returned to it was that they should be careful to proceed as they should be answerable All the Ministers condemn it But the Preachers threatned Damnation to all the Authors and Subscribers of it and detestable Neutrality became the Head on which they spent their Eloquence The Commission of the General Assembly passed a severe Censure on the Cross Petition in a Remonstrance they gave in against it which was answered by a Counter-remonstrance Upon these cross tides of Petitions that were offered to the Council the Conservatours of the Peace resolved to send some Commissioners to London Commissioners sent to Treat betwixt the King and the Two Houses to Mediate betwixt the King and the Two Houses and endeavour chiefly the Uniformity of Church-Government for which end the Commission of the Kirk was also to send their Commissioners to second them in it and no resistance could be made to this that was able to obstruct it They also moved that the King should be desired to call a Parliament in Scotland The Marquis and his Friends opposed this vigorously not that he was against a Parliament but judged the Motion unseasonable and thought the Time prefixed at the last Parliament for the next to wit after three years needed not be anticipated It was also put in their Instructions to their Commissioners to press the King to put all Papists from his Person The Marquis and his Friends also opposed this not upon the account of the thing it self but because it seemed to cast a Scandal upon the King as if his Religion were to be suspected But the Church-party was strongest in this Meeting of the Conservatours and so carried every thing in it The Safe-conducts being come they named their Commissioners the Chancellour being the chief of them and though Lanerick in the Kings Name excepted against the Lord Waristoun and produced the Kings Warrant for it yet they named him but were so wise as not to send him They were also so discreet that they appointed the Commissioners to go first to the King Things being thus determined Lanerick took the start of them but they were at Court before him he being detained by a Garrison of the Parliaments for some days In the end of February he came to Oxford Lanerick goes to Court and discovers the inclination of the Church-party where he gave the King an account of the present state of the Scotish Affairs and that it was the Advice of His Majesties truest Friends in Scotland that he should entertain the Commissioners with the best words he could give them but should not by any means suffer them to go to London since there were great grounds to fear they would engage too deep in the Quarrel if they went thither This Advice agreed so with the Kings Inclinations that it could meet no resistance in his thoughts When the Commissioners arrived they delivered their Message but the King repeated what was formerly told them That Scotland and England had different Laws and Interests and therefore it was to give the one Kingdom too great an advantage over the other to suffer them to come and be Vmpires in the present Differences They pressed their Desires as warmly as they could but all was in vain for the King would by no means suffer them to go to London and in particular he told the Earl of Lowdon what grounds He had to believe they designed to raise an Army for the Parliaments Quarrel and that some of his fellow-Commissioners would prove Incendiaries rather than Mediators But Lowdon with great Protestations denied that they designed to raise Arms and said to the King These were but the Misrepresentations with which the Marquis and his Brother abused His Majesty As for the Calling a Parliament the King said he saw no reason for it and therefore would not anticipate the Day that was already prefixed for it But to the Commissioners from the Assembly the King gave the following Answer which I set down in his own Words having it written all with His Majesties own Hand HIs Majesty commends the Zeal of the Petitioners for the advancement of the true Reformed Religion against Heresy Popery Sects Innovations and Profanity and always shall use His best and uttermost endeavours for Advancing the one and the utter Suppressing the rest For the Vnity in Kirk-Government His Majesty knows that the Government now established by the Laws hath so near a relation and intermixture with the Civil State which may be unknown to the Petitioners that till a composed digested Form be presented to him upon a free debate by Both Houses of Parliament whereby the Consent and Approbation of the whole Kingdom
Kingdom not authorized by any Law to make themselves under the title of a Mediation Vmpires and Arbitrators of the Differences here For the Calling of a Parliament in Scotland His Majesty desires to know what Promise of His it is which they mention Him to have particularly expressed to His late Parliament The Law which His Majesty then Graciously past concerning that Point His Majesty well remembers and will justly punctually and religiously observe it together with all the rest consented to by Him that the Parliament there shall convene upon the first Tuesday of June 1644. And according to the same Act will appoint one betwixt this and that Day if His Majesty shall think fitting who as He is by that very Law expressed to be sole Iudge of that Convenience so the Commissioners are neither by that nor any other Law entrusted or enabled to Iudge thereof At Oxford 19th of April 1643. In the beginning of April Reports came to Scotland that their Commissioners at Oxford were under Restraint whereupon the Conservatours met and ordered their speedy Return The Commissioners recalled to Scotland The Marquis wrote also to the King that their Return should be by no means stopped or delayed otherwise he might expect present Disorders in Scotland but withall he told him he apprehended upon their Return some great Resolution would be taken therefore he desired His Majesty would send down all the Scotish Lords that were about him who might by their Votes in Judicatories or by their Interest in the Country advance the Kings Service in Scotland He likewise desired His Majesty might divide his Trust in Scotland among those Noble persons The Marquis adviseth the King to joyn others with him in publick Trust whose Fidelity he did not suspect that thereby both himself might be delivered from the odium and danger of acting alone in such tender Points and in that ticklish Time as also for a further Encouragement of those who were resolved to adhere to His Majesty and with this he wrote the following Letter to Her Majesty then at York under whose Address his Letters to the King were to go May it please Your Majesty THere is as yet small or no Alteration in the Condition of Affairs in the Country since I presumed to trouble Your Majesty last and writes to the Queen nor do I believe there will be any till the fourth of May at which time it is probable the final Resolution of the Council and Commiâ—sioners for Conserving the Articles of the Treaty will be taken It is still conceived that His Majesties absent Servants would be of great use at that time and the uncertain knowledge if they will come or not keeps us that are here from a positive Resolution what Course to take therein therefore I humbly beseech Your Majesty let us know if by appearance we may expect them or not There is a general noise as if the Lord Chancellour and the rest of the Commissioners were not only kept as Prisoners but in some further Danger By Mungo Murray Your Majesty was advertised that it was conceived fit that seeing those that sent them had so positively recalled them against the fourth of May they should be dispatched against that Time In our opinions there was no Danger now to be apprehended by their Home-coming but there would arise great Inconveniences if they should be detained of that same Iudgment we continue to be still We do likewise humbly intreat that we may know if what was proposed to Your Majesty by my Lord of Traquair Mr. Murray and my self be come to His Majesties knowledge and if we may expect the signification of his Pleasure against the fourth of May in these Particulars which we exceedingly wish By the Lord Montgomery Your Majesty will know how far the General hath promised his best Endeavours that His Majesty shall receive no prejudice from the Army under his Commandin Ireland the same he hath confirmed to me with deep Protestations and truely I take him to be a man of that Honour that he will perform it But the Truth is it will be a Work of great difficulty to keep these Men there any time seeing there is little appearance that Money will be got from the Parliament of England and how to raise any considerable Sum here as yet we see not so even in this we desire to know Your Majesties Pleasure and Directions what Course will be fitest to be taken and if Your Majesty shall find it expedient that we engage our Fortunes for their Supply many of us will do it to the last Peny and none more readily than May it please Your Majesty the humblest most faithful and most obedient of all Your Majesties Servants HAMILTON Peebles 21st April 1643. The Commissioners are not suffered to go to London and returned to Scotland But at Oxford the Commissioners insisted warmly for a Permission to go to London for Mediating and His Majesty persisting in his Refusal the Lord Chancellour resolved on making a Protestation that His Majesty by not suffering them to go to Westminster had violated the Safe-conduct My Lord Lindsay who was ordered to come from London and second the Chancellour in this Negotiation did all he could to divert him from that Resolution but the other said he had positive Orders from Scotland he was also peekt with the Petition about the Annuities and got a great disgust by a Letter of his Ladies which not coming under a right Cover had been intercepted and brought to His Majesty wherein severe things were said against the Kings Cause and Party and particularly the Marquis was bitterly enveighed against for having given himself up so intirely to the Kings Service that he designed the Ruin of all who opposed it The Chancellour came and made his last Address to the King for liberty to enter on a Mediation betwixt Him and the Two Houses adding that if that were denyed he would be constrained to Protest in the Names of them who sent him that His Majesties Conduct was violated But the King was not shaken with it only he took the Chancellour apart and used many perswasions to divert him from it and made him great Offers if he would comply with his Desires for the King apprehended that it might have precipitated a Breach betwixt Him and Scotland But the Chancellour said he acted by a Trust committed to him which he must discharge faithfully and obey the Orders sent him from those in whose Name he came and said much to assure the King there was no design in Scotland to own the Quarrel of the Two Houses against His Majesty and protested he should die rather than concur in such Courses But this did not satisfie His Majesty whereupon finding the Chancellour could not be wrought upon his next Attempt was upon Lindsay to whom he spake with more Freedom and told him in how great a Strait he was for it seemed if he refused to allow their going to Westminster a
Breach might follow betwixt him and his Native Kingdom but on the other hand he could not permit them to go both because of the Reasons he had alledged and the Fears he had of their engaging with the Parliament and chiefly that all his Councellours and Officers at Oxford were so far against it that he heard it was whispered amongst them that they would all forsake him if he gave them leave since they held themselves assured that the Design of their going was to bring an Army from Scotland wherefore he intreated Lindsay would serve him in that Particular which he undertook frankly though he added he had small hopes since he had already attempted as much as he could with no Success But as he left His Majesty he made a Visit in his way to his Lodgings where he met the Earl of Crawford who told him plainly That though the King should consent to their going to London thither should they never get for a great many were resolved to lie in their way and cut them all to pieces ere they were many miles from Oxford This he confirmed to him with many Oaths adding that as the King knew nothing of it so it would not be in his power to hinder it and out of kindness to my Lord Lindsay he advised him not to go though the Chancellour went With this Lindsay came to his Lodgings and shewed the Lord Chancellour the hazard not only their Lives would be in but of the irreparable Breach would follow upon it which being considered by them it was resolved they should pass from their Desires and crave the Kings Commands for Scotland since they would not offend him by the importunity of an unacceptable Mediation which they accordingly did to His Majesties great satisfaction And so they took leave the Chancellour with the other Commissioners going for Scotland only Lindsay returned to London Upon this His Majesty sent all the Scotish Lords then at Court to Scotland to serve him there who were the Earls of Morton Roxburgh Kinnoul Annandale Lanerick and Carnwath but before they could be dispatched he sent Mr. Murray to Scotland with an account of his opinion about the Services his Friends might do him there who came by York and brought from the Queen the following Letter to the Marquis in answer to what he had written to Her Majesty which though written in French as all Her private Letters were yet I shall set down translated in English that all may run more smoothly Cousin I Received your Letter with the assurances of the Continuance of your Aâ—fection of which I hold my self secure and make no doubt to see both the effects of it and of that which you promised me at your parting concerning my Lord of Argyle Will. Murray came yesterday from Oxford as for News from hence I refer you to Henry Jermine who will give you an account of them I shall only tell you that the Scotish Lords who were with the King are on their way for Scotland so likewise are the Commissioners that were with the King You will know from Will. Murray the Kings Answers to the Propositions which you made me at York I am very glad to know by Your Letter as likewise by what my Lord Montgomery hath told me the Protestations General Lesly makes concerning the Armies in Ireland and now when all the Kings Servants shall be together you must think of the means for preserving that Army for my part I know not what to say farther about it I am now upon my going to the King and hope to part hence within ten dayes If there be any thing that hath occurred of late I shall be glad to know it and that you will believe how much I am Your affectionate Cousin and Friend HENRIETA MARIA R. About the beginning of May Lowdon and the other Commissioners came down and a day after them came the Earl of Morton who told the Marquis They proceed to final Resolutions in Scotland that in a few days he should see the Earls of Roxburgh Kinnoul and Lanerick with the Kings Instructions but by reason of Kinnoul's Infirmity and Roxburgh's Age they moved slowly On the 21th of May the Iunto of the Church-party moved that there might be a Joynt-meeting of the Council and Conservatours of the Peace and Commissioners for Publick Burdens to consider of the present State of Affairs The Marquis and Morton resisted this all they could but they were over-ruled and so these Judicatories met to them it was proposed that considering the hazard the Nation was in by reason of Armies which were now levying in the North of England there was a necessity of putting the Kingdom in a posture of Defence which could not be done without a Convention of Estates or a Parliament wherefore it was moved that a Convention of Estates should be presently called The Marquis argued much against it shewing that this was to encroach upon the Kings Prerogative in the highest degree and so would be a direct Breach of the Peace with the King and against the Laws of the Land adding Was this all the Acknowledgment they gave the King for his late Gracious Concessions for this struck at the root of his Power In this he was seconded by my Lord Morton but most vigorously by Sir Thomas Hope the Kings Advocate who debated against it so fully from all the Laws and constant Practice of Scotland that no Answer could be alledged and indeed discharged his Duty so faithfully that the Marquis forgave him all former errors for that dayes Service But it was in vain to argue where the Resolution was taken on Interest more than Reason so it was carried that the Lord Chancellour should summon a Convention of Estates against the 22th of Iune A Convention of Estates is called This Resolution being taken they gave Advertisement of it to the King in the following Letter which all who Voted against it refused to sign Most Dread Sovereign THe extreme necessity of the Army sent from this Kingdom by Order from Your Majesty and the Parliament here against the Rebellion in Ireland the want of means for their necessary Supply through the not payment of the Arrears and Maintenance due to them by the Parliament of England the delay of the Payment of the Brotherly Assistance so necessary for the relief of the Common Burdens of this Kingdom by reason of the unhappy Distractions in England and the sense of the danger of Religion of Your Majesties Royal Person and of the Common Peace of Your Kingdoms have moved Your Majesties Privy Council the Commissioners for conserving the Peace and Common Burdens to joyn together in a Common Meeting for acquitting our selves in the Trust committed to us by Your Majesty and the Estates of Parliament and having found after long Debate and mature Deliberation that the Matters before-mentioned are of so Publick Concernment of so deep Importance and so great Weight that they cannot be determined by us in such a
against Vs and others have been seduced to whom We had formerly denied Imployment as appears by the examination of many Prisoners of whom We have taken Twenty and Thirty at a time of one Troop or Company of that Religion What Our Opinion is of that Religion Our frequent Solemn Protestations before Almighty God who knows Our Heart do manifest to the World And what Our Practice is in Religion is not unknown to Our good Subjects of that Our Native Kingdom And as We have omitted no way Our Conscience and Vnderstanding could suggest to be for the promoting and advancing the Protestant Religion so We have professed Our readiness in a full and peaceable Convention of Parliament to consent to whatsoever shall be proposed by Bill for the better Discovery and speedier Conviction of Recusants for the Education of the Children of Papists by Protestants in the Protestant Religion for the prevention of the Practices of Papists against the State and the due Execution of the Laws and true Levying of Penalties against them so We shall further embrace any just Christian Means to Suppress Popery in all Our Dominions of which Inclination and Resolution of Ours that Our Native Kingdom hath received good evidence For the other malicious and wicked Insinuations that Our Success here upon the Rebellious Armies raised to destroy Vs will have an influence upon Our Kingdom of Scotland and that We will endeavour to get loose from those wholsom Laws which have been enacted by Vs there We can say no more but Our good Subjects of that Kingdom well remember with what Deliberation Our Self being present at all the Debates We consented to these Acts and We do assure Our Subjects there and call God Almighty to witness of the uprightness and resolution of Our Heart in that point that We shall always use Our utmost Endeavours to defend and maintain the Rights and Liberties of that Our Natiâ—e Kingdom according to the Laws established there and shall no longer look for Obedience than We shall govern by the Laws And We hope that Our zeal and carriage only in Defence of the Laws and Government of this Kingdom and the subjecting Our Self to so great hazard and danger will be no argument that when the Work is done We would pass through the same Difficulties to alter and invade the Constitutions of that Our other Kingdom We find disadvantages enough to struggle with in the Defence of the most upright innocent just Cause of Taking up Arms and therefore if We wanted the Conscience we cannot the Discretion to tempt God in an unjust Quarrel The Laws of Our Kingdom shall be always Sacred to Vs We shall refuse no hazard to defend them but sure We shall run none to invade them And therefore We do conjure all Our good Subjects of that Our Native Kingdom by the long happy and uninterrupted Government of Vs and Our Royal Progenitors over them by the Memory of those many large and publick Blessings they enjoyed under Our dear Father by those ample Favours and Benefits they have received from Vs by their Own Solemn National Covenant and their Obligation of Friendship and Brotherhood with the Kingdom of England not to suffer themselves to be misled and corrupted in their Affections and Duty to Vs by the cunning Malice and Industry of those Incendiaries and their Adherents but to resist and look upon them as Persons who would involve them in their Guilt and sacrifice the Honour Fidelity and Allegiance of that Our Native Kingdom to their private Ends and Ambition And We require Our good Subjects tâ—ere to consider that the Persons who have contrived fomented and do still maintain these bloody Distractions and this unnatural Civil War what pretence so ever they make of their Care of the true Reformed Protestant Religion are in truth Brownists and Anabaptists and other Independent Sectaries and though they seem to desire an Vniformity of Church-Government with Our Kingdom of Scotland do no more intend and are so far from allowing the Church-Government by Law established there or indeed any Church-Government whatsoever as they are from consenting to the Episcopal and We cannot but expect a greater sense of Our Sufferings since the obligations We have laid on that Our Native Kingdom are used as arguments against Vs here and Our free consenting to some Acts of Grace and Favour there which were asked of Vs by reason of Our necessary residence from thence have encouraged ill-affected Persons to endeavour by Force to obtain the same here where We usually reside To conclude We cannot think that Our good Subjects there will so far hearken to the Treason and Malice of Our Enemies as to interrupt their own present Peace and Happiness and God so deal with Vs and Our posterity as We shall inviolably observe the Laws and Statutes of that Our Native Kingdom and the Protestations We have so often made for the Defence of the true Reformed Protestant Religion the Laws of the Land and the Iust Priviledges and Freedom of Parliaments With these Publick Orders His Majesty also sent the Marquis a Patent to be a Duke The King sends the Marquis a Patent to be Duke as a recompence of the great Services he was then doing and had formerly done him Scarce were these Lords come to Scotland when one Walden an Agent sent from the Two Houses to Scotland The Lords pursued as Incendiaries upon the pretence of the Treaty about Ireland gave in a Complaint to the Council against them on the account of a Letter that was intercepted signed by them all at Latham the Earl of Darby's House in Lancashire where they were as they came down in which they gave the Queen some Informations and Advices about the State of the Kings Affairs in that County This was charged on them as Incendiarism and Walden desired liberty to pursue them on that Head whereupon they first drew some Defences but because these would have been found more guilty of the alledged fault than the Letter it self they being made up of a Justification of the Kings Armes in England they answered this Complaint by a Petition wherein they declared they had never instigated the King into a Breach with his Two Houses and that there was nothing on earth they desired more earnestly than to see a happy Settlement betwixt them therefore they intreated that no Misrepresentations might be received or listened to against them The Church-party saw this would be a good way to be rid of the Trouble and Opposition they feared from these Lords and â—efore cherished Walden's Motion but they were told that they could not fix any Censure on that Matter without judging of the whole Business for if the Kings Quarrel was just those Lords acted as became faithful Subjects whatever might be in that none in England could challenge them for Serving him in it till themselves had declared against it which was not yet done The force of this Reasoning constrained them against their
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
come from hence this Summer into England to disturb His Majesties Affairs Yet no Means ought to be neglected in preparing to oppose them lest they should do oâ—herwise nor shall I fail to do the same whatever Malice may whisper to the contrary with all the Power I have and as freely venture both Life and Fortune in that as any living shall So I humbly beseech Your Majesty to believe that not only in this but in all which doth concern His Majesties Service my part shall be such as I have promised and as becometh The Humblest most Faithful and most Obedient of all Your Majesties Servants HAMILTON Holyrood House 10th June The King having received the Letter of Advertisement concerning the Convention wrote down the following Answer about it CHARLES R. The Kings Letter about the Convention to the Council RIght Trusty and Right well-beloved Cousins and Councellours and Right Trusty and well-beloved Councellours We Greet you well We are much surprized at Your Letter of the 12th of this Moneth whereby it seems you have given order for the Calling of a Convention of the Estates of that Our Kingdom without Our Privity or Authority which as it is a business We see no reason for at present and that hath never been done before but in the Minority of the Kings of Scotland without their Consent so We cannot by any means approve of it and therefore We command â—ou to take order that there be no such Meeting till you give Vs full satisfaction of the Reasons for it Given at Our Court at Oxford 22th of May 1643. With this he wrote another to the Earl of Lanerick which follows CHARLES R. and to Lanerick RIght Trusty and Right well-beloved Cousin and Councellour We Greet you well We have herewith sent you Copies not only of the Letters We lately received from Scotland but also of Our several Letters to Our Chancellour and Council there the Originals whereof We leave to your Discretion to deliver and make use of as you shall find best for Our Advantage but for the Business it self We have heretofore so fully declared to you Our Own Opinion therein as We need say no more of that Subject to you We observe in the Letter to Vs that there are but eleven Councellours Names to it and that nâ—ne of those that are best-affected have subscribed it and We find that as great or a greater number of Councellours Persons of great Quality Place and Trust have not subscribed to it Given at Our Court at Oxford 22th of May 1643 Upon what had past the Lords whom His Majesty had trusted resolved to keep up this Letter to the Council till a return came of the Message they had sent to His Majesty But a few days after that Letter was written the Earl of Lindsay came from London to Oxford The Earl of â—indsay â—s with the King to receive the Kings Commands for Scotland to which he was required to go and sit in the Convention of Estates then Summoned His Majesty asked his Advice whether He should give way to its Sitting or not but he answered as he durst not advise His Authorizing of it so on the other hand he might consider if it was like that they who had called it without His Warrant would desert it upon His Prohibition and if His Majesty thought fit to discharge it he would weigh well what the hazard might be of their Sitting against His Pleasure All this being considered by His Majesty He wrote by him the following Letter to My Lord Lanerick CHARLES R. RIght Trusty and Right well-beloved Cousin and Councellour We Greet you well The Earl of Lindsay coming hither from London hath assured Vs that the Cause of the Two Houses sending into Scotland to have the Lords that went hence sequestred was the Intercepting of their Letter sent to Our Dearest Consort the Queen and nothing else We perceive by the Copy of the Resolutions you sent Vs with what Prudence and Loyal Courage your Brother Hamilton and the Lord Advocate opposed at Council there the Order for Calling a Convention of the Estates for which We would have you to give them Our particular Thanks You and others of Our Council there know well how injurious the Calling of a Convention of Estates without Our Consent is to Our Honour and Dignity Royal and as it imports Vs so We desire all Our well-affected Servants to hinder it what they may but shall leave it to them to take therein such Course as they shall there upon advice conceive best without prescribing any way or giving any particular Directions If notwithstanding Our Refusal and the endeavours of Our well-affected Subjects and Servants to hinder it there shall be a Convention of the Estates then We wish that all those who are right-affected to Vs should be present at it but to do nothing there but only Protest against their Meeting and Actions We have so fully instructed this Bearer that for all other Matters We shall refer you to his Relation whereto We would have you to give credit Given at our Court at Oxford the 29th of May 1643. But His Majesty having after that received the Advice sent him from Scotland and His own Thoughts agreeing with it did on the 10th of Iune write the following Letter to be presented to the Convention CHARLES R. RIght Trusty and well-beloved Cousins and Councellours The Kings Letter to the Convention of Estates c. We have received a Letter dated the 22th of May and Signed by some of Our Council some of the Commissioners for Conserving the Articles of the late Treaty and of the Commissioners for the Common Burdens and though it seem strange unto Vs that those Committees should Sign in an equal Power with Our Council especially about that which is so absolutely without the limits of their Commissions yet We were more surprized with the Conclusions taken at â—heir Meetings of Calling a Convention of the Estates without Our special Warrant wherein Our Royal Power and Authority is so highly concerned as that We cannot pass by the same without expressing how sensible We are of so Vnwarrantable a way of Proceeding and if We did not prefer tâ— Our Own unquestionable Right the Preservation of the present happy Peace within that Our Kingdom no other Consideration could move Vs to pass by the just Resentment of Our Own Interest therein But when We consider to what Miseries and Extremities Our Scotish Army in Ireland is reduced by reason that the Conditions agreed unto by Our Houses of Parliament for their Maintenance are not performed and likewise the great and heavy Burdens which We are informed Our Native Kingdom lies under by the not timely payment of the Remainder of the Brotherly Assistance due from England contrary to the Articles of the late Treaty and withall remembring the Industry which We know hath been used upon groundless Pretences to possess Our Scotish Subjects with an Opinion that if God should
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
marks of His Majesties Favour and Confidence in the disposal of all Offices and Places at Court that every third time they should be filled with Scotish men together with other particulars not needful to be mentioned But against all this it was objected that those who had the Ascendant in the Councils at Oxford were either Papists or men of Arbitrary Principles and the Clamours that always follow Generals and Armies where there is no certain Pay were carried to Scotland not without great additions against the Kings Forces to possess people with a deep alienation from them It was likewise said that since the King notwithstanding the Declining of his Affairs in England would not grant what was desired there about Episcopacy it might be from thence gathered what he would do if his Arms were successful and therefore all People were possessed with the jealousies of his subverting the whole Settlement with Scotland assoon as he had put the War in England to a happy Conclusion And though it was answered to this that the Kings putting things to hazard rather than sin against his Conscience was the greatest assurance possible that he would faithfully observe what He had granted to this Malicious people said that it would be easie to find distinctions to escape from all Engagements and if the putting down of Episcopacy was simply sinful according to the Kings Conscience then that alone would furnish Him with a very good reason to overturn all since no Men are bound to observe the promises they make when they are sinful upon the Matter And these Reasons did generally prevail with the Covenanters to refuse to joyn with the Kings Party in England therefore they concluded it necessary to Engage with the Two Houses both because the Cause was dear to them it being a pretence for Religion and Liberty It was also said often that they owed their Settlement partly to the backwardness of the Armies the King had raised against them in England and partly to the Council of the Peers who had advised the King to grant a Treaty and afterwards a full Settlement to them And that Paper which was sent down in the Year 1640 as the Engagement of 28 of the Peers of England for their Concurrence with the Scotish Army that year was shown to divers to engage them unto a Grateful return to those to whom it was pretended they were so highly obliged For though the Earl of Rothes and a few more were well satisfied about the Forgery of that Paper yet they thought that a Secret of too great Importance to be generally known therefore it was still kept up from the Body of that Nation And upon these Pretences and Inducements it was that it came to be generally agreed to to enter into a Confederacy with the Two Houses So Fatal did the Breach between the King and his People prove that even when it seemed to be well made up by a full Agreement there was still an after-game of Jealousies and Fears which did again widen it by a new Rupture which to these men seemed at this time unavoidable otherwise they found the ease of a Neutrality to be such that the Men of the greatest Interest in those Councils have often told the Writer they had never engaged again had it not been for those Jealousies with which they were possessed to a high degree There was a Committee of Nine appointed to Treat with the Commissioners the English pressed chiefly a Civil League and the Scots a Religious one but though the English yielded to this yet they were careful to leave a door open for Independency Thus the Treaty with the English Commissioners went on notwithstanding a Letter the King wrote to the Chancellour to be communicated to the Council requiring them not to Treat with them since they came without His Majesties Order but they who had leaped over all other matters could not stand at this And now came to light that which had been a hatching these many Months among the Iunto's which was the Solemn League and Covenant which follows The Solemn League and Covenant of the three Kingdoms WE Noblemen Barons Knights Gentlemen Citizens and Burgesses The Solemn League and Covenant Ministers of the Gospel and Commons of all sorts in the Kingdoms of Scotland England and Ireland by the Providence of God living under one King and being of one Reformed Religion having before our eyes the glory of GOD and the advancement of the Kingdom of our Lord and Saviour Iesus Christ the Honour and Happiness of the Kings Majesty and His Posterity and the true publick Liberty Safety and Peace of the Kingdom wherein every ones private condition is included And calling to mind the treacherous and bloody Plots Conspiracies Attempts and Practices of the Enemies of GOD against the true Religion and Professors thereof in all places especially in these three Kingdoms ever since the Reformation of Religion and how much their Rage Power and Presumption are of late and at this time encreased and exercised whereof the deplorable estate of the Church and Kingdom of Ireland the distressed estate of the Church and Kingdom of England and the dangerous estate of the Church and Kingdom of Scotland are present and publick testimonies We have now at last after other means of Supplication Remonstrance Protestations and Sufferings for the preservation of our selves and our Religion from utter ruine and destruction according to the commendable practice of these Kingdoms in former times and the example of Gods People in other Nations after mature deliberation resolved and determined to enter into a mutual and Solemn League and Covenant Wherein we all subscribe and each one of us for himself with our hands lifted up to the most high GOD do Swear THat we shall sincerely really and constantly through the grace of GOD endeavour in our several Places and Callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government against our common Enemies the Reformation of Religion in the Kingdoms of England Ireland in Doctrine Worship Discipline and Government according to the Word of GOD and the example of the best Reformed Churches And shall endeavour to bring the Churches of GOD in the three Kingdoms to the nearest conjunction and Vniformity in Religion Confession of Faith Form of Church-Government Directory for Worship and Catechising that we and our Posterity after us may as Brethren live in Faith and Love and the Lord may delight to dwell in the midst of us That we shall in like manner without respect of persons endeavour the extirpation of Popery Prelacy that is Church-Government by Arch-bishops Bishops their Chancellours and Commissaries Deans Deans and Chapters Arch-deacons and all other Ecclesiastical Officers depending on that Hierarchy Superstition Heresie Schism Prophaneness and whatsoever shall be found to be contrary to sound Doctrine and the Power of Godliness lest we partake in other mens sins and thereby be in danger to
glad to get it carried on at any rate But many judged the oddest part of it all was their Oath to maintain the Priviledges of both Parliaments since that was never defined and was scarce capable of a Definition and the Priviledges of the Parliament of England were far enough from the knowledge and divination of the Scotish People who in this case must believe all that to be Priviledge which they called so The Covenant was carried up by those trusted with it to the Two Houses to be approved by them and being returned to Scotland the Committee of Estates did by their Printed Act of 22th of October ordain it to be Sworn and Subscribed by all the Subjects under the pain of being punished as Enemies to Religion His Majesties Honour and the Peace of these Kingdoms and to have their Goods and Rents confiscated and they not to enjoy any Benefit or Office within the Kingdom and to be cited to the next Parliament as enemies to Religion King and Kingdoms and to receive what further punishment His Majesty and the Parliament should inflict on them At this time His Majesty sent Mr. Mungo Murray to Scotland to assure his Friends of his Confidence in them who brought the following Letters from the King and Queen to the Duke Hamilton Letters from the King and Queen to the Dukâ— I Find there hath been a great Mistaking about that mark of Favour which I thought fit to bestow upon you the particulars I have commanded Mungo Murray to tell you only this I assure you that my Confidence of you is not lessened from what I commanded your Brother to assure you of in my Name for you shall find me Your most assured real constant Friend CHARLES R. Cousin AS soon as I had occasion since my Arrival hither to write to you I have resolved to do it both to assure you of all that I said to you when I was at York as also to tell you that I am none of the least sharers in rejoycing at the Honour the King hath put on you This is a mark of the Confidence He hath in you which I am assured you will make the World see was founded on very good reason The Bearer is a Person who will tell you more than I can write to him I refer my self and shall say no more but that I am Your affectionate Cousin HENRIETA MARIA R. Oxford 28th August The Kings Friends had gone to the several places where their Interests lay to see what likelyhood there was of Raising any Force for advancing the Kings Service by extreme ways and to put a better colour on their Gathering of People together they carried with them the following Letter which was Signed by His Majesty and of which Lanerick was ordered to give an attested Copy to all who were well-affected CHARLES R. RIght Trusty and Right well-beloved Cousin and Councellour The Kings Letter to His good Subjects in Scotland We Greet you well Since nothing on Earth can be more dear to Vs than the Preservation of the Affections of Our People and amongst them none more than those of Our Native Kingdom which as the long and uninterrupted Government of Vs and Our Predecessors over them doth give Vs just reason in a more near and special manner to challenge from them so may they justly expect a particular Tenderness from Vs in every thing that may contribute to their Happiness but knowing what industry is used by scattering Seditious Pamphlets and employing private Agents and Instructions to give bad impressions of Vs and Our Proceedings under a Pretence of danger to Religion and Government to corrupt their Fidelities and Affections and to engage them in an unjust Quarrel against Vs their King We cannot therefore but endeavour to remove these Iealousies and secure their fears from all possibility of any hazard to either of these from Vs We have therefore thought fit to require you to call together your Friends Vassals Tenants and such others as have any dependance upon you and in Our Name to shew them Our Willingness to give all the Assurances they can desire or We possibly grant if more can be given than already is of preserving inviolably all those Graces and Favours which We have of late granted to that Our Kingdom and that We do faithfully promise never to go to the contrary of any thing there established either in Ecclesiastical or Civil Government but that We will inviolably keep the same according to the Laws of that Our Kingdom and We do wish God so to bless Our Proceedings and Posterity as We do really make good and perform this Promise We hope this will give so full satisfaction to all that shall hear of this Our solemn Protestation that no such persons as study Division or go about to weaken the Confidence betwixt Vs and Our People and justly deserve the name and punishment of Incendiaries shall be sheltred from the hand of Iustice and all such others as shall endeavour Peace and Vnity and Obedience to Vs and Our Laws may expect that Protection and increase of Favours from Vs which their Fidelity deserves So expecting your Care hereof We bid you heartily farewell From Our Court at Oxford the 21st of April 1643. These Lords appointed at parting to meet again about the end of August The Lords whom theKing employed meet and send Propositions to the King which accordingly they did and when they met divers told they found much coldness among their Friends Many professed a cordialness to the Kings Service but they had neither Armes nor Ammunition nor saw they a place of Security for a Rendezvouz nor of Safety for a Retreat in case of a Misfortune so that divers of the Noblemen said It was not in their power to bring any with them to the fields but their own Domesticks Whereupon it was agreed by them all to send one Neal Servant to Mr. Murray of the Bed-Chamber to the Marquis of Newcastle to desire him to seize on Berwick which was of great Importance and was at time without a Garison that it might be the Place whither they might bring what Forces they could draw together which was indeed the most proper Place for them since the Counties that lay next it were best-affected They likewise desired my Lord Newcastle to send them such Arms and Ammunition as could be spared them out of the Kings Magazins which were then in his hands they also ordered Neal to go forward from him to Oxford to give the King an account of their Desires that they might be presently supplied He was dispatched on the 29th of August but on the 4th of September my Lord Newcastle wrote back to them a short answer referring them to Neal who in a large one both which are extant told them that my Lord Newcastle said he could spare them neither Armes nor Ammunition and as for Berwick he could not seize on it without bringing Ruine on himself and his Posterity unless
them and possibly by their desperate Resolutions of their Engaging them in a bloody and unnatural War Those Injuries to Vs and Oppreâ—sions upon them We expect you whom We have with Advice of Our Parliament entrusted with managing the greatest Affairs of that Our Kingdom will particularly resent and therefore We have thought fit to require you immediately after the receipt hereof to publish in Our Name a Proclamation to all Our loving Subjects of that Our Native Kingdom prohibiting them under all highest pains to give Obedience to any Act or Ordinance of that pretended Convention or of any Committee pretending a Power or Authority from them but to oppose by Armes or otherways all such Persons as shall endeavour to put in execution any Acts of theirs but such as We expressed in Our Letter We mentioned of the tenth of June which was so much slighted as it was refused to be Recorded for the Raising of Forces or Recalling Our Scotish Army in Ireland or any part thereof without Our Knowledge and Consent and We do likewise require that no Taxes imposed upon Our Subjects by that pretended Authority be paid assuring all Our Loving Subjects of Our Protection in the Obedience of these Our Commands for which these shall be your Warrant which We require you to Record Given at Our Court at Oxford the 26th of September in the 19th Year of Our Reign 1643. With these His Majesty wrote to my Lord Lanerick CHARLES R. RIght Trusty and Right well-beloved Cousin and Councellour The Kings Letter to Lanerick We Greet you well We have sent to Our Privy-Council of Scotland Our Letters of Direction what they shall do now that the General Meeting there hath proceeded to such strange and undutiful Resolutions beyond the Matter We prefixed them to treat upon by Our former Letter Of those Our Letters We have sent you an exact Copy and particular Directions to your self what you shall do in order thereunto when you shall think fit for Our Service to make use of the same But We leave it now to your Discretion and the Iudgment of the rest whom We have entrusted with the Affairs of that Our Kingdom to deliver these Our Letters to Our said Privy-Council at that time and no sooner than you shall conceive to be most conducible to Our Service and the Good of that Kingdom for if you shall find that no Obedience is likely to be given to those Our Commands you are to consider how far you who are Our faithful Servants there will be able to withstand those Insolences which of necessity must follow upon such Disobedience and what the Consequence will be to anger before We be able to punish such Offenders But Our Will is that you forthwith publish the other anent the Proclamation Precept or Warrant falsly published in Our Name and We further require you to do whatsoever else you with the rest whom We have trusted with the Affairs of that Our Kingdom shall conceive most to conduce to Our Service as you will answer to Vs at your peril and for so doing this shall be a sufficient Warrant to you and those others entrusted by Vs as aforesaid Given at Our Court at Oxford 26th of September 1643. The Lords whom His Majesty trusted judged it not fitting to present the Letter written to the Council and suppressed it But His Majesty wrote another Letter to the Council about the Proclamation which was issued forth in his Name by the Convention of Estates which follows CHARLES R. The Kings Letter about the Proclamation to the Council RIght Trusty and Right well-beloved Cousin and Councellours and Trusty and well-beloved Councellours We greet you well Whereas We were graciously pleased to condescend that this present Meeting in Our Kingdom of Scotland of Our Nobility there and the Commissioners for Shires and Burroughs should resolve and conclude of such particular Affairs as We specified and allowed to them for the Security and Good of that Our Kingdom in Our late Letters to them dated the 10th of June last and for as much as we have to Our great amazement newly seen a Paper in form of a Proclamation Precept or Warrant in Our Royal Name dated at Edinburgh the 18th of August subscribed Per Actum Dominorum Conventionis Arch. Primrose Cler. Conven Being a Paper most impudently set forth without Our Privity or any Authority from Vs and tending to cast Our beloved People of that Our Native Kingdom into the like and more bloody Combustions and Rebellions Violation of their Religion and Allegeance to Vs and Laws of that Our hitherto peaceful Native Kingdom as hath been here practised by the malicious enemies of Peace and Government We have therefore upon good Deliberation and out of Our Princely and Gracious Care of Our People and of the Tranquility of that Our Native Kingdom as it was so lately and well setled by Our Self thought fit to Declare and we do hereby Declare unto you that We utterly dislike and disallow it forbidding all Our Subjects to obey the same and all other Papers published in Our Name which shall not immediately be warranted by Vs and We do hereby will and command you forthwith openly to publish these Our Letters to let all Our People understand Our Pleasure herein And lastly Our Pleasure and Command is that you cause these Our Letters to be forthwith recorded in the Books of Our Privy Council of that Our Native Kingdom for all which these Our said Letters shall be your sufficient Warrants Given at our Court at Oxford the 26th day of September in the 19th Year of Our Reign 1643. He wrote also to the same purpose to the Earl of Lanerick CHARLES R. His Majesties Letter to Lanerick to the same purpose RIght Trusty and Right well-beloved Cousins and Councellour We Greet you well Whereas We have thought fit for the Good of Our Service and Safety of Our People to require Our Council to publish a Proclamation in Our Name to all Our loving Subjects in Scotland discharging them to give Obedience to any Act or Ordinance of the Pretended Convention of the Estates at Edinburgh the 22d of June or of any Commitee pretending Authority from them but to oppose with Arms or otherways all such Persons as shall endeavour to put in execution any Act of theirs but if Our Privy Council shall not give present Obedience to Our Commands and publish this Our Pleasure these are to require you to take what Course you shall think most fit to make this Known to all Our loving Subjects either by giving Warrant in Our Name to Print Our Letter to Our Council or by sending attested Copies thereof to all the Nobility Sheriffs of Counties and Majors of Towns within Our Kingdom of Scotland a Duplicate whereof you will herewith receive under Our Own Royal Hand and We further require you to do whatsoever else you with the rest whom We have trusted with the Affairs of that Our Kingdom shall conceive
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
from hence if he do not timely prevent it either by a Royal and considerable Strength or in his Wisdom think of some other way of effecting it and not to trust to the Power of His Party here And this our humble Opinion doth neither proceed from Fear nor Disaffection nor out of any Intention to desert Him or His Cause wherein we will spend the last drops of our Blood but really is our sense of the Condition of His Affairs here which we cannot conceal without betraying the Trust He hath reposed in us and which we will be ready to make appear to His Majesty whensoever He shall think fit to call us to an account at the hazard of losing His Favour and all that is dear to us About the end of October All are required to take the Covenant all the Lords of the Council received Letters from the Committee of Estates requiring them to come to Council against the second of November and sign the League and Covenant from which the Lords whom His Majesty had intrusted excused themselves not being well-satisfied neither about the matter of the Covenant nor the Authority by which it was imposed whereupon they were again summoned to appear upon the 14th of that Month to do it under the highest pains in case of Disobedience but they excused themselves the second time likewise All this while the Duke had been doing his utmost to engage his Vassals The Duke's endeavours for serving the King and the Dependers on his Family to a cordial Concurrence in the Kings Service and offered to divers of them if they would vigorously concur in it to dispense with great advantages he had over their Fortunes by his Superiorities But that County where his Interest lay was so prevailed upon by the Ministers that no endeavours could divert them from the Course that the rest of the Country were taking and so little could he prevail with them that all the Authority and Art he and his Brother used could not get the Commissioners to the Convention of Estates well chosen though he bestirred himself in it as much as was possible for beside the Clamours against him there came out at this time a Book under the name of The Mystery of Iniquity which was shrewdly but maliciously penned The design of it was to demonstrate that the King's Intentions ever since his Voyage to Spain had been for introducing Popery but to this old Slander was added a new damnable Calumny that the King had given Commission for the Massacre in Ireland under the Great Seal of Scotland in October 1641. when it was in the Duke's keeping and in the Custody of Mr. Iohn Hamilton who is by that Pamphleteer called the Scribe of the Cross Petition This was sent through all places and both preached and printed up and down Scotland and zealously infused into the Peoples minds amongst whom it gained belief which as it irritated them to more fury against the King so it drew the next share of the Odium upon the Duke whereby he was much disabled from doing the Service which he desired and designed with such a series of sad Trials was God pleased to exercise him almost all the days of his Life The Lords that were for the King met at Kelso Their Appointment at My Lady Roxburgh's Funeral was to be carried secretly as if their numerous Meeting had been only for gathering a great Company to solemnize it with the more Pomp according to the Ceremony used at Burials in Scotland The Duke took with him near two hundred Horse the half of them were Gentlemen and the rest were their Servants But when they came to the Funeral all that could be accounted of were about a thousand Horse but there were such Jealousies among them and they were so undetermined either what to do or who should Command and so little assurance had they of the Adherence of those who were with them that they parted without coming to any Resolution This Attempt gave a Crisis to the Covenanters Proceedings against them and therefore because they came not on the Day prefixed to subscribe the Covenant they were declared Enemies to God the King and the Country and it was resolved that at least they should be made close Prisoners of which the Duke was advertised by the Earl of Lindsay But this was not all the height of the Committees zeal The cruel Orders of the Committee against those who took not the Covenant for on the 17th day of November by another Act all their Goods were appointed to be seized on their Rents gathered up and their Persons to be apprehended wherever they could be found and a Commission was given to Souldiers to go take them warranting them to do it notwithstanding any Resistance was made securing them though they killed those that made Resistance Southesk was first wrought upon by those thunder-claps but the Duke and his Brother seeing all was past recovery in Scotland and there was no standing before this unparalelled Zeal prevented their severe Orders and went to Court so he and his Brother left Scotland in the end of November All this while his Enemies at Court had been with great Industry misrepresenting his Actions in Scotland and for this end made use of the forwardness of some Scotish Lords who were then at Court The Duke ill represented at Court yet the King's Affection to him and Confidence in him continued firm and unshaken till the end of September if not longer as appears by His Majesties Letter of that Date already set down But the miscarriage of Affairs in Scotland together with the Duke's absence raised some jealousies in the King's thoughts nor had the Duke any Friend at Court who had such credit with the King as to be able to justifie him and so Reports went current without contradiction But when Mr. Murray came up and Traquair after him they gave a truer representation of Affairs therefore to take off the weight of their Testimony they were charged with accession to the same Miscarriages and many things of a high nature were fastened upon the Duke And the miscarriage of Affairs in Scotland seemed to give good colours for casting all the blame of it upon the Unfaithfulness or ill-management of those who had his Majesties chief Trust in that Kingdom the usual fate of all Unsuccessful Ministers Many foul Slanders were cast on him and very scandalous and undutiful Discourses were laid to his charge And to crown all it was represented that he had set on foot a Pretension to the Crown of Scotland and designed to put all once into Confusion that so he might fish the better in those troubled waters This was the most bloody and pernicious of all the hellish Slanders his Enemies could invent and nothing could raise Jealousies in a Court like Stories of this nature wherefore they were confidently vented and it was said that after he and his Brother had betrayed the King's Service in Scotland
himself into Affairs and if he did not act only as he was commanded and employed by him nor does the Defendant know who those Noblemen were that made such Offers His Majesty knows better if any such were made The Defendant knows well that some of his Accusers made some Offers to Her Majesty about eight Months after His Majesty had sent him to Scotland Comp. p. 212. with p. 195. but as these Offers were designed to make His Majesty the first breaker which would have been infinitely to the prejudice of His Service and have given incurable jealousies to the Subjects of all His Majesties Concessions so no rational Methods were proposed for prosecuting them and it seemed they flowed from the desperate State those Lords were in who had engaged as deep against the King as any had done but afterwards not meeting that Esteem and those Rewards which their Ambition and Vanity had designed and their Fortunes being ruined they pretended much zeal for the Kings Service but offered no rational appearances of being able to prosecute what they undertook But the Defendant as both their Majesties well know laid the whole Matter before them with his own Opinion and the grounds on which he went and they do also know with what impudent Falshood it is alledged See p. 21â— 227 228. that he undertook to keep the Kingdom of Scotland in Peace since both in his Discourses and Letters he often said he would undertake for none but himself and that he very much feared the Conjunction of that Kingdom with the Two Houses and that the utmost of his Hopes was to keep off things by delays for that year and in this he appeals to His Majesty and to all in the Court with whom he kept Correspondence And for his Engagements to break with the Marquis of Argyle if he did not faithfully adhere to His Majesties Interests it is well known how ill an understanding and how little Correspondence hath been betwixt the Defendant and Argyle these twelve Months past His Majesty also knows See p. 210. that when the Chancellour of Scotland was sent up last the Defendant wrote to him to look well to him for it was believed and it was the Defendant's own Opinion that if he went to London he would engage in an Union with the Two Houses in name of the Kingdom of Scotland of which when His Majesty challenged the Chancellour he denied it and said These were Jealousies infused into His Majesty by the Defendant so far was he from abusing His Majesty with vain Hopes Nor is it strange that his Enemies charge Falshoods on him in Matters pretended to be transacted among few hands since they are so impudent in Matters that were publick as to say that immediately upon his return to Scotland a Convention of Estates was called Comp. p. 195. and p. 218. for that was not done but after he had been sent to Scotland almost a whole year and all that time the Defendant did render His Majesty such Services that he was pleased out of His Royal Goodness not only to write him many Letters of Thanks but to confer divers marks of His Favour on him And when the Convention of Estates was appointed to be called See p. 21â— the Defendant did all he could to oppose that Resolution and entred his Declaration against it which is yet upon Record having omitted nothing he could either say or do to hinder the Calling of it for which Service he received a particular Letter of Thanks from His Majesty and the Defendant says See p. 232. that there was no Letter written from His Majesty to him to hinder the meeting of that Convention nor does he know who are meant by his Complices or Cabal as they are afterwards called except those Lords whom His Majesty joyned with the Defendant in the Instructions he sent them The first Article of these being that they should do all was possible for avoiding Divisions among His Majesties Subjects See p. 219. and a Latitude being left for them to do what might be most for His Majesties Service on their perils and as they should be answerable See p. 245. they were to consider what was most to His Majesties Service It is true His Majesty did direct a Letter to the Council to forbid the meeting of the Convention See p. 230. but did remit it to the consideration of the Lords whom he had trusted whether it were fitter to deliver or conceal it upon which they were obliged to consider what was best to be done nor was it fit for them to divulge that Letter till it was considered whether it should be made use of or not But the Lords that had His Majesties Trust did call some meetings of all who were judged best-affected to consider what Advices were to be offered to His Majesty and they all did return their joynt-Advices See p. 226. with the reasons that prevailed with them to His Majesty wherein the Defendant was but one of seven and so is not to be charged nor answerable for the Advice so given since they only offered Advertisements to the King with their Advices and the reasons that prevailed with them and as His Majesty who could only judge what Advices were best gave Orders so they did Act if the Advertisements sent were false or their Advices against Law they are accountable for them but are not bound to answer for the good success of every thing they advised that being in the hands of God and neither the Defendant nor any other joyned with him in Trust did advise His Majesty to authorize the Convention but only to allow them liberty to sit so they kept within the prefixed Limits And there was good reason for offering such Advice His Majesties Affairs not being in so promising a condition that it was fit for them to begin the Rupture and it was certain that these who called the Convention without His Order would have acted in it notwithstanding His Prohibition which must have either affronted His Authority or precipitated a Breach which could not have been done at that time without the Ruin of the King's Affairs in that Kingdom The Defendant did at that time desire the Earl of Calander that he would use his Endeavours with some of these who pretended zeal for the King's Service and are now the Defendant's Accusers that they would lay aside all private Animosities and concur in His Majesties Service and offer their Opinions with the Method in which they desired things might be carried on and the Defendant offered them all possible satisfaction in every thing for which they stood at a distance from him but that Earl brought Answers very far different from what they pretend they sent and all wise men looked on their Propositions as so extravagant and unpromising that none could think them fit to be followed But the Defendant denies there were any such Engagements passed as in the Article is falsly alledged yet
that he might make trial of all those large professions of Affection and Duty they had alwayes made This Design was communicated to the Earl of Lauderdale then at London but he as he informed the Writer studied to disswade His Majesty from it assuring him that he knew the Army and the Church-party whiâ—h then prevailed in Scotland would not be firm to him unless he yielded to their Demands about Religion but notwithstanding that upon some slender Assurances got from Mons. de Montrevil Agent from the French King His Majesty went to the Scotish Army the particulars whereof and of the subsequent as well as fore-going Publick Affairs not being the chief business of these Memoires little more is any-where toucht of them than what is necessary for making out the thread of the Dukes Concerns so as it may set them in their true light The Commissioners are sent to him from Scotland Assoon as this was known at Edinburgh the Committee of Estates which was then sitting sent the Earl of Lanerick and some others to wait on His Majesty with great expressions of their Duty and good Intentions protesting how dear the Preservation of His Sacred Person and His Just Power and Greatness should ever be to them wherefore they expected His Majesty would give full satisfaction to the Just Desires of His Subjects and as a preparation to this that He would recall any Commissions He had given against the Kingdom of Scotland But these Commissioners were ordered to do nothing that might raise Jealousies betwixt the Kingdoms and therefore were to Treat joyntly with such Commissioners as should be sent from the Two Houses And as they of Scotland sent their Commissioners with these Instructions yet extant so they emitted a Proclamation forbidding any to go out of the Kingdom without Publick Permission which was done to hinder those of the Kings Party from coming to him What Reception my Lord Lanerick had from His Majesty doth not appear to me but I find he was very quickly as well seated in the King's Affection and Confidence as ever On the 13th of May the Scotish Commissioners presented their first Paper which went not beyond general things containing a Welcome with an offer of their Service according to the Covenant But in their next Paper they pressed the King to send a Message to his Two Houses for a Happy Peace who press the King to settle matters not being satisfied with that Letter he had formerly written to the Speaker of the House of Peers since no grounds were laid down for a Pacification a Treaty being only in general terms desired Of all these Papers that passed the Originals do yet remain Next day the King called both for the chief Officers of the Army The King complains of the ill usage he met with and the Commissioners sent to him out of Scotland and in presence of Mons. de Montrevil did expostulate That whereas He had come to their Army upon the Assurances Mons. de Montrevil had given him that He should be safe in His Person Honour and Conscience the two last were not kept for he was pressed to settle Religion as they desired wherewith his Conscience was not satisfied next His Subjects had not free access to Him but Proclamations were issued out forbidding them to come to Him neither was the Ceremony due to Him as King suffered to be paid Him at His entry to Newcastle and lastly His Servants were not suffered to wait on Him And His Majesty attested Montrevil if those conditions were not made to Him who confidently affirmed it in all their presence and that he had the authentick Assurances in French The Commissioners retired to think of an answer but when they returned they desired His Majesty would put Montrevil to it to declare what those Assurances were and who gave them but this was not done Next they said they would not Treat with the King in his Presence nor admit of the interposition of any Foreign Agents betwixt them and their Native Prince And the Commissioners of the Army resolved that no suspected Person should be suffered to wait on the King with which His Majesty was highly displeased and for some days would not eat in publick but only in his Chamber But because there were many in the Army who would have engaged cordially for the King on any terms to lesâ—en the apprehension of this they got a Petition to be signed by almost all the Considerable Officers of the Army yet extant that His Majesty would settle Religion according to the Covenant and that He would enter into it Himself and authorize it by His Command On the 18th of May His Majesty wrote another Letter to the Two Houses desiring them to send Propositions for Peace and in order to that The King moves for a Treaty He again offered to put the Militia into their hands for 7 years as had been offered at Vxbridge He demanded also a Safe-conduct for sending Orders to stop all further Proceedings in Ireland since He was resolved to leave the management of that War wholly to the Two Houses He shewed His Letter to the Scotish Commissioners but because it contained no Offer about Religion they were not satisfied with it yet it was sent The next thing the Commissioners from Scotland moved was that His Majesty would recall the Commissions He had given out against the Scotish Nation for the clearing whereof somewhat must be resumed that passed in those years which I have run over so hastily In the beginning of the year 1644. the King gave a Commission to the Marquis of Montrose A short Account of Montrose's Affairs to see what could be done in Scotland by Force for diverting the Army that was then entring into England He had great hopes of making a strong Party in Scotland and doubted not but he should be able with the Assistance Antrim undertook to send him out of Ireland to give the Scotish Army work enough at home but his hopes failed him for all were so over-awed by the Power of the Covenanters that none would stir till about the end of the year Some came out of Ireland but far short of the number that was promised and with these and a few of the Scotish Nation he adventured to disturb the Covenanters the particular Narration of whose Enterprizes is not to be here prosecuted This was judged by all a bold and desperate Attempt for as his Force was small so they wanted Arms and every thing necessary Some of the Wisest of the Covenanters advised them not to engage with him in any Action except on terms full of advantage but to follow him up and down whither he went securing the Country from Spoil and Plunder for they judged that his Men being so unprovided as they understood they were would not hold out long in the Hills but be forced either to lay down their Arms or break out in Mutinies among themselves whereby they should have been starved with
hazards The Propositions were brought from the Two Houses about the middle of Iuly and a speedy answer was craved to them The Propositions are brought to the King But for an account of His Majesties Thoughts of them I cannot give it better than by setting down a written account of them in a Letter sent to the Earl of Lauderdale at His Majesties Command by Sir Robert Murray THe Duty which I conceive every good Subject owes His Majesties first Thoughts of them to use his utmost Endeavours how weak soever for the furtherance of the happy Peace of these afflicted Kingdoms hath made me take the boldness to talk with the King upon the Propositions to see how far he can be induced to yield to them And although to every particular I cannot promise you an exact account because there are divers things in them which neither He nor I understand yet to the main Points I shall and such as I hope may be a good ground-work for happy Conclusions First then for Religion I find His Majesty really Conscientious and not superstitiously Scrupulous wherefore until He be better satisfied the uttermost He can be brought to is that He will be content that Presbyterial Government be generally established within this Kingdom by Act of Parliament for three years provided that He and all those of His Opinion may freely enjoy their Consciences according to the practices in Queen Elizabeth 's and King James 's Times Now how to do this would be too long for a Letter but as there are Examples so I doubt not to shew you more than one way to do it so willing ears may be brought to such a Motion and I assure you His Majesty is most willing to hearken and seek after information to the end He may be satisfied how with a safe Conscience He may give you full satisfaction herein but this Proviso that His Majesty grants will probably be but temporary For the Militia I can neither see inclinations in His Majesty to relinquish nor can I find Arguments to perswade him to it nevertheless I perceive so great inclinations in Him to strain to the uttermost to give His Subjects all just Satisfaction especially in what concerns the securing of their Fears that He will be content for Ten years the Two Houses should dispose of the Militia by Act of Parliament in the hands of such and so many persons as they shall name as likewise to change them within the said time and appoint others in their Places as they shall think fit but after the expiration of the said Time to return to the Crown as Queen Elizabeth and King James enjoyed it Concerning Delinquents His Majesties Opinion is that a good Act of Oblivion is the best way to bind up a Peace after Intestine Troubles it having been the Wisdom of other Kingdoms most usually and with good success to grant general Pardons with very few or no Exceptions whereby the numerous Discontentments of all sorts of People which are the seeds and fuel to future Disorders might be totally extinguished and His Majesty further conceives that He cannot desert so many gallant Persons of Condition and Fortune who have engaged themselves with Him only out of a sense of Duty without a perpetual and irrecoverable Dishonour As for Offices though His Majesty judges that the Disposal of them is a necessary Flower of the Crown yet He is content for this time to accept of the Nomination of them from the Two Houses to be enjoyed by these persons quam diu se bene gesserint so that after Vacancies they return to be disposed of as before I unwillingly mention Ireland because His Majesties Publick Faith being engaged how dare I speak to Him to violate that which is and must be all our Security but even in this will I pawn my Life He will prove Himself a zealous Protector of Protestants and a constant Maintainer of Sovereign Power My Conclusion is that if upon these grounds a Conference may be had betwixt His Majesty and the Two Houses I will engage any thing that an Honest man can that these Kingdoms will be shortly happy in a firm Peace which if it should fail on our part for our not hearing of our Soveraign it would be an unparalelled Misfortune not without Infamy These were His Majesties private Thoughts but His publick Answer inclined more to a Denial which when it was brought to Westminster was entertained both with Joy and Sorrow The King does not yield to the Propositions according to the inclinations of the several Parties The Independents and those of the Army feared nothing so much as the Kings granting them for in that case they saw there could be no colour for keeping up an Army and in the House of Commons when Thanks were Voted to the Commissioners that had been with the King for their pains one Member whispered another in the ear that they owed more Thanks to the King than any body and in another corner an honest Member saying to another what shall become of us since the King refuseth these Propositions the other answered nay what had become of us if He had granted them The Independent Party upon this moved The Houses go on to high Resolutions but are stopped by the Scotish Commissioners that no more Addresses should be made and that His Majesties Person should be demanded and the Army commanded Northward to see it executed which had been infallibly done had not the Scotish Commissioners given them in some Papers complaining of many Violations of the Treaty and the Arrears due to the Army The King had also desired a Personal Treaty near London and the Scots seconded it but the obtaining it was impossible for all this time the Scotish Commissioners and the English whereof the greatest part were of the Independent Faction were in no good terms As for the Arrears of their Pay the Two Houses talked of offering five hundred thousand pounds Sterling whereof an hundred and fifty thousand should be paid presently that so they might be rid of their Army which they said was no more necessary in England and a Complaint being made against some who spoke and wrote in prejudice of the Scotish Nation an Ordinance was debated for punishing them The Independents Imployed all their Strength against it Cromwell spoke most vehemently that it was to discourage their Friends and to encourage their Enemies but Hollis took him up so sharply for calling base Libellers Friends that he was glad to recant When it went to the Vote it run near an equality for 102 were against it and 132 for it so quickly were the Services of their dear Brethren of Scotland forgotten At this time the King sent my Lords of Argyle The King employes Argyle at London for obtaining a Personal Treaty Lowdon and Dumfermline to London Their Instructions were to deal for a Personal Treaty near London to get some of the Kings faithfullest Servants to be suffered
to come and wait on Him And for the Militia the Scots had declared themselves satisfied with the Kings Concessions about it wherefore He desired they would stick to Him according to their Promises As for Religion He desired they would represent to those who were best-affected how dangerous it would be to insist too much on that at this time when the greatest hazard was from the Sectaries and that His Majesties consenting to a temporary Establishment of what they craved did put them in a fair way to their Desires And beside all this it was recommended to them to procure a delay of the Desire for an answer to the Propositions till the 16th of September When these Instructions were given them the King desired their promise first of Secrecy next of Fidelity in discharging what was intrusted to them for the second they undertook it but refused the first except the King also promised Secrecy His Majesty presently apprehended their Design was that the Duke and his Brother might understand nothing of their Imployment and finding it was a thing wherein neither of them was concerned He thought it unfit to disoblige Argyle by that Refusal since he was so able to serve him if he should be Cordial in it and He was secure of the two Brothers that if they mistook His Reservedness it would be easie for Him to clear Himself afterwards Yet this Secret was ill-kept among them for the Earl of Lauderdale had notice of it as he told the Author before they came to London but opposed much the seeking a Delay to a prefixed day since he knew that could not be granted without adding a dreadful Sanction of Deposing the King in case a favourable Answer came not against the day appointed and found it would be easier to procure a Delay by other Methods than by asking it The Duke and his Brother were much troubled with the Kings Reservedness in that Affair but assoon as they understood the ground of it they were satisfied But what success that Negotiation had or how it was managed doth not appear to me from any of the Duke's Papers In the beginning of August the Duke went to Scotland where his greatest Care was to see what could be done to get the Committee of Estates to be satisfied with the Kings Concessions The Duke deals with the Committee of Estates to get them to acquiesce in His Majesties Concessions representing to them how they did at once put England in the possession of the desired Church-Government and set the other out of the way which was a great stop to their full satisfaction He desired they would consider how inhumane and unchristian it was to force the Kings Conscience and how much it favoured of the Violence they had lately condemned in the Bishops It was visible that nothing but Conscience could be imagined to lye in the way of the Kings Accepting the Propositions and were His Majesty like many Princes to swallow down all things and belch them up at their Pleasure there would be less ado made but the Kings sticking at what He could not yield did abundantly secure them of His making good to them all that was promised On the other hand they were to consider that if they should now desert the King and bring their Army out of England it would make them odious through the whole World and the payment of the Arrears of their Army would pass under a far worse Character Besides England was divided and the Party that was most prevalent among them waâ— the Independent with the other Sectaries who would never carry on the Settlement of Religion and by their present carriage at London it appeared what Friendship they had for Scotland wherefore he moved earnestly that their Army should not be brought out of England till a firm Peace should be established according to the first Treaty Anno 1643. but was opposed by the Ministers This did shake many but some of the Leading Church-men were not satisfied with this and represented to their Party that all this was said smoothly to engage them to the Kings Quarrel which they were resolved never to do till the Covenant were taken by Him Neither were they well-satisfied with the Duke for his being instrumental in the Agreement with Montrose and his Party and it was preached to his face that all the Bloud that was lately shed would lye on them and their Posterity who for the pleasing of men had procured such Favour to the Enemies of God and of his Cause and People In the end of August they sent the Duke with the Earls of Crawford and Casilis and some others to deal with His Majesty for a speedy granting of the Propositions The Duke is sent to the King to obtain from him the granting the Propositions and to represent to him all the inconveniences that followed even upon a Delay much more upon a Denial The Duke had no willingness to the Employment misdoubting the Success and knowing his engaging avowedly in such a Message would be misrepresented but there was no avoiding of it for had he declined it he would have been suspected of being an ill Instrument and of Aversion from the thing which would have disabled him much from going on with the Kings Service They came to Newcastle in the beginning of September where they discharged themselves of their Commission to the full But the King answered them in the following Paper yet extant under His Majesties Hand My Lords I Shall begin by answering what you have now said for I assure you I had not thus long delayed My Answer The Kings Answer to their Desires but to weigh fully those Reasons and Arguments which you have laid before Me whereby to use the uttermost of My Endeavours to give you all poâ—sible Satisfaction for you having told Me nothing but what I have heard before the change of Answer could hardly be expected And now I do earnestly desire you to consider what it is that I desire which is To be heard which if a King should refuse to any of His Subjects He would for that be thought a Tyrant For this if I had but slight Reasons it were the less to be regarded but they are such upon which such a Peace as we all desire doth depend for albeit it is possible that if I should grant all you desire a Peace might be slubbered up yet it is impossible that it should be durable unless there should be a right Vnderstanding betwixt Me and My People which cannot be without granting of what I desire Yet I desire to be rightly understood for though many like to Esops Fable will call Ears Hornes yet let men say what they will I am far from giving you a Negative nay I Protest against it My only Desire being to be heard for I am confident that upon Debate I shall so satisfie them in some things as likewise I believe they may satisfie me in many things that we shall come to
Grounds therefore the Duke resolved on a present abandoning of Affairs and of retiring from the World Lanerick was so angry at this Design that he spared nothing that either his Affection or Wit could suggest to divert him from that desperate Resolution as he termed it He told him could he not be Religious but he must turn a Monk and did he not think it best to serve God in that Station whereunto he had called him or must he reject the choice of Gods Providence and turn his own Disposer and was he so mean-spirited as to abandon matters because of the difficulties that were in theâ— But all he could devise was not like to prevail for the Duke protested it was impossible for him to look on and see His Majesties Ruin which was inevitable upon the Grounds he went on At this time the Independents The Independents cajole the King fearing the extremity to which the King was driven might force him to consent to any thing upon which a Settlement might follow betook themselves to strange Methods to obstruct it they therefore gave some hopes that they would be willing to dispense with the imposing of the Covenant and consent to a Toleration of Episcopacy and the Liturgy provided they might be satisfied in other points This suiting so well with the Kings Inclinations had too good a hearing from him but my Lord Lauderdale wrote from London very warmly for undeceiving the King But Lauderdale disabuses his Majesty assuring him that he infallibly knew their Designs were the Ruin of Monarchy and the Destruction of the King and His Posterity and though they might cajole His Majesty with some smooth Propositions those were meant for His Ruine that they might once divide Him from His Parliaments after which they would destroy both Him and them were it in their power But if the King would now consent to the Propositions all would go right and in spight of the Devil and the Independents both he would be quickly on His Throne but Delays were full of danger for they that wished well to the King were becoming daily more heartless and the other Party grew in their Insolence and the Earl of Essex his Death at that time had given the greatest blow to the Kings Affairs they could have met with This he continued to represent by many Letters both to the King and those about Him yet His Majesty was much wrought upon to give credit to those Offers of the Sectaries which made Him the less apprehensive of hazard At length when the Duke saw His Majesty immoveable The Duke obtains His Majesties permission to retire he begged His permission to retire But the King resisted that with so much reason and affection that in the whole Course of His Favours to him there had not been any since the business of Ochiltry wherein He had more obliged him than by the tenderness that then appeared in him Yet the Duke was so importunate that at length the King seemed to give way to it at least the Duke understood it so whereupon with as sad a heart as ever man had he took leave of the King which he apprehended to be his last Farewell and it proved to be so indeed except a transient view he had of Him at Windsor So he left the King and carried home with him a heart so fraughted with Melancholy that all could be done was not able to rouse him out of it and neither the tears of his dying Mother nor the intreaties of his Friends nor the constant persecution of his Brother who was much vexed at it were able to divert him from his Resolution for having overcome the Kings dislike of it which was stronger than all other things with him he was proof against every thing else But His Majesty quickly repented Him of that tacit consent He seemed to give and therefore sent after him this handsom Letter Hamilton I Have so much to write and so little time for it that this Letter will be suitable to the Times Which His Majesty retracts by His Letter without Method or Reason and yet you will find Lusty Truths in it which puts Me again out of fashion but the fitter for him to whom I write Now to My business but lest I should now forget it I must first tell you that those at London think to get Me into their hands by telling Our Country-men that they do not intend to make Me a Prisoner O No by No means but only to give Me an honourable Guard forsooth to attend Me continually for the security of My Person wherefore I must tell you and 't is so far from a secret that I desire every one should know it only for the way I leave it to you to manage it for My best advantage that I will not be left in England when this Army retires and these Garisons are rendred without a visible violent force upon My Person unless clearly and according to the old way of understanding I may remain a Free-man and that no Attendant be forced upon Me upon any pretence whatsoever So much for that A Discourse yesternight with Rob. Murray was the cause of this Letter having no such Intention before because I esteemed you a man no more of this part of the World believing your Resolutions to be like the Laws of the Medes and Persians But however he shewed Me such Reasons that I found it fit to do what I am doing for I confess one mans errour is no just excuse for anothers omission which is to stay your forreign Iourney by perswasion As for the Arguments I refer you to Robin only I will undertake to tell you some positive Truths the chief whereof is That it is not fit for you to go then It is less shame to recant than to persist in an Errour My last is By going you take away from Me the means of shewing My Self Your most assured real faithful constant Friend CHARLES R. New-Castle September 26th 1646. But this Letter will be lame unless made up with the Cover that went about it from Sir Robert Murray which was as he wrote in his next almost wholly the Kings words and not only his sense for the King the night before falling in Discourse with Sir Robert about the Duke discovered very fully the Constancy of His Royal kindness to him whereupon he laid His Commands on Sir Robert to put him in mind of the Inconveniences his obstinacy in that Resolution would heap upon him and mentioned them these are Sir Robert's words with a Friendliness that related not to his own Concernments Indeed they are such as the very apprehension of them cannot but deeply wound a Soul so great as yours They are briefly these The withdrawing your self at this time will be believed to proceed from a tacit Ioy at the appearance of the bad Success of his Affairs or rather out of a design to contribute to it under the disguise of a seeming Retiredness and
least you will find that according to My Professions I am Your most assured real constant Friend CHARLES R. His Majesty also expressed His Concerns for Traquair in the following Letter Lanerick ALbeit I am confident that you will further all My Friends Affairs yet I must not be so negligent in Traquair's behalf as not to name his business to you for admittance to his Place in Parliament of which I will say no more but you know his Sufferings for Me and this is particularly recommended to you by Your most assured real constant Friend CHARLES R. Newcastle 17th November 1646. POSTSCRIPT I account writing to you or your Brother all one They consult in Scotland how to dispose of their Armies But the main Business was what to do with their Armies that were in England The Kingdom was groaning under a heavy and unsupportable Burden for their Maintenance so disbanding was a very plausible Motion and all desired that only such Forces should be kept up as were necessary for the Preservation and Security of Scotland The Duke and his Brother regrated much that so many Gallant Men should be disbanded who might be very useful for the Kings Service therefore they opposed all these Propositions arguing that till a final Peace were settlâ—d in England they might look for no Security to Scotland And in their Letters to His Majesty they continued to represent the desperate estate of Affairs if he did not quickly satisfie them in the business of Religion and that the Money for the Pay of the Army was now coming in daily at London and would be quickly ready and after that was sent down they could not keep the Army any longer in England without a present Breach to which they found no inclinations in the Scotish Parliament as long as they were not satisfied in what was so earnestly desired But the King was firm to his first Resolution Master Lesley at his return to the King brought him such assurances of the Affection and Duty of both the Brothers that the next Dispatch carried the following Letters to them Hamilton I Remember yet so much Latine as an old Proverb comes to which is quod valde volumus id sacile credimus This I apply to Robin Lesley's report of your Carriage in My present Service concerning which I will only say that you shall not more certainly make good what he hath promised Me in your Name than I will to you what he hath said in Mine and even in something by way of speaking beyond My Power I doubt not but to make it good as concerning your French particular But I shall leave all things not only of this nature to this honest Bearers relation but likewise whatsoever else may concern the Service of Your most assured real faithful constant Friend CHARLES R. Newcastle 24th Nov. 1646. Lanerick I Have according to your Advice given a quick Return to this Trusty Bearer having instructed him fully in what I conceive necessary to My Affairs wherein in many things I have given him a Latitude to govern them according to your Directions wherefore I will say no more because if I should enter into Particulars I would not know how to end but that with Contentment I find daily more and more cause to be Your most assured real constant Friend CHARLES R. Newcastle 24th November 1646. POSTSCRIPT I recommend particularly the Earl of Morton's Affairs Matters were now ripening unto much Confusion and Mischief which made His Majesty think of a full Answer to the Propositions but before He sent it to London He communicated it to my Lord Lanerick in the following Letter Newcastle 4th Decemb. 1646. Lanerick The Kings Letter about His Answer to the Propositions ACcording to My Promise by little Nobs I send you here inclosed the Answer which I have resolved to send to London wherein you will find a Clause in favour of the Independents to wit the Forbearance I give to those who have Scruples of Conscience and indeed I did it purposely to make what I send relish the better with that kind of People But if My Native Subjects will so countenance this Answer that I may be sure they will stick to Me in what concerns My Temporal Power I will not only expunge that Clause but likewise make what Declarations I shall be desired against the Independents and that really without any reserve or equivocation yet know that no Perswasion or Threatning whatsoever shall make Me alter a tittle of any thing else in it nor that neither but upon these Assurances The end therefore why I send you this before it go to the English Parliament is to try before-hand how I can procure it to be countenanced by My Scotish Friends for which you are to use all possible industry not seeking a full Approbation but taking what you can get absolutely commanding you not to hazard it in a Publick Way unless you be sure that I shall receive no rub in it For this I conceive it were a wrong to you to use any Arguments to make you do your best but to tell you this is Coup de partie assuring you that I shall not judge you by the Event but by your Endeavours which I am confident will be according to your Professions and for Gods sake do not so much as expect much less linger after any other or further matter from Me whereby to serve Me in this great Business for upon the Faith of a Christian you shall have no more than what is now laid before you And know that I rather expect the worse than the better Event of things being resolved by the Grace of God and without the least repining at him to suffer any thing that Injury can put upon Me rather than sin against My Conscience of which upon My credit you see the furthest Extent in relation to the present Affairs I say no more but difficilia quae pulchra and so God bless your Endeavours Your most assured real constant Friend CHARLES R. POSTSCRIPT In order to that I have written and sent you herein I have commanded this Trusty Bearer Sir James Hamilton to tell you as many things as I can remember whom I desire you to return to Me or some other Trusty Messenger assoon as you may with what I am to expect from thence The inclosed Paper is marked on the back by the Kings Hand thus The Answer to the Propositions which I have resolved to send to London which I insert because it is not among His Majesties Printed Messages His Majesties Answer to the Propositions tendered to Him by the Commissioners from the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. AS it is His Majesties chief desire to make such a Return to the Propositions The Kings Answer to the Propositions as may speedily produce a blessed firm and lasting Peace in all His Dominions so He hath employed His uttermost endeavours
Scotland This I thought fit to shew you from others you will hear what hath been every mans particular Carriage in the Debates and our future Actions though they prove not useful to His Majesty yet shall witness to the World and Posterity how we detest such Resolutions However I shall boldly say tâ—at some who professed at their parting from His Majesty as much if not more than I did and for ought I know were more trusted have this day shewed themselves to the World in their natural colours for truly I never remember to have seen any thing carried with so much violence and bitterness as tâ—e Resolution of not suffering His Majesty to come to Scotland our Declaring it unlawful to espouse His Interest and the fitness of Restraining His Person in England I dare not advise any thing only this whatsoever His Majesty intends to do I wish it be done quickly and I dare say upon my Honour within few days He will not be master of Himself nor His Resolution anâ— then I doubt his Offers will come too late I shall conclude you never saw the stream so strong in Scotland nor so desperate an Affliction as doth now possess the heart of Your most humble Servant LANERICK And with this long account he wrote to His Majesty what follows SIR I Shall not presume to trouble Your Majesty with the sad relation of our Carriages here these last two days the Particulars will be represented to You by others Only give me leave to beg that what Your Majesty intends to do be quickly done for our Resolutions here will be sudden and sharp Whatsoever other mens Carriage be I am resolved to die rather than concur with them This is the fixed Resolution of Your Majesties most humble most faithful most obedient Subject and Servant LANERICK Edinburgh 17th Decemb. 1646s Now were the two Brothers The Duke and Lanerick oppose things as much as they can but in vain according to the variety of their tempers swallowed up with the excesses of Passion The Duke was all Melancholy and Despair and Lanerick was full of Fury and Rage But say or do what they could all was in vain One rare instance of the Kings temper appeared at this time for after he had got this account which brought him such ill tidings he took no notice of it to those about him but continued in a Game at Chess and was as chearful as before He was at that time thinking of making an escape from Newcastle by Sea but whither he intended to have gone does not appear to the Writer to that Lanerick's Letters do relate when they press his speedy resolving on what he intended The design was thus laid Mr. Murray had provided a Vessel by Tinmouth and Sir Robert Murray was to have conveyed the King thither in a disguise and it proceeded so far that the King put himself in the disguise and went down the back-Stairs with Sir Robert Murray But His Majesty apprehending it was scarce possible to pâ—ss through all the Guards without being discovered and judging it hugely undecent to be catched in such a condition changed His Resolution and went back as Sir Robert informed the Writer This came to be known to some and one suspecting the Duke was in it wrote to him earnestly to concur in no such design and that the Kings getting out of their hands again would ruin all that no man of Honour and Conscience ought to serve the King since he would not serve God according to the Covenant adding that it seemed God had no mercy for the King or His Family since His Heart was still so hardned in the matter of the Covenant so high-flown were men at that time At London things went on with great dispatch for the Retiring of the Scotish Army another hundred thousand pounds sterling was Voted to be paid presently and other two hundred thousand pounds to bâ— raised out of the Sale of Bishops Rents and Delinquents Estates whereupon it was agreed that the Army should return to Scotland upon the delivery of the Mony which was immediately to be sent down to Newcastle In Scotland upon the evening of the next day after the Fast mentioned in the Earl of Lanerick's Letter these infamous Resolutions set down in his Letter were Voted and all that could be said by the two Brothers or any few of their Friends who adhered to them had no other effect but to drive it off a few minutes the Tide made so strong the other way The King at this time was much pressed both by the Queen from France and by Believre the French Ambassadour to consent to their Demands but all was to no purpose and my Lord Lanerick's last Letter prevailed no more than the former Most Sacred Soveraign Lanerick writes again to the King BY Monsieur Montrevil I received Your Majesties of the 14th Instant and do humbly acknowledge Your Gracious Reception of the Freedom I used in my former Letter And now when Your Majesty doth see to what a height the Publick Resolutions here are grown Your Majesty will soon find how just my Fears were that Your intended Answer to the Propositions of Peace if published here would have received no Countenance nor Assistance hence Satisfaction in Religion being still waved without which as then so I have always assured Your Majesty there would be an absolute impossibility of preventing Your receiving eminent Prejudices from this Country I shall not presume to reply to the Answers Your Majesty makes to the Objections were made here for I did not then speak mine own Language against Your Answer to the Propositions I never laboured to perswade Your Majesty to grant them from a sense of their Iustness but only out of an opinion of their fitness in relation to Your present Condition which by what Your Majesty will learn from the Bearer is more threatning now than ever I know the representation of Your Danger in what horrid shape soever it may with Reason lie before You will be as impertinent an Argument as any yet though Your Majesty should neglect it in reference to Your Self pity Your hopeful Children and Posterity pity Your Subjects and suffer us not to ruine our selves which the Confusions we are running into will certainly bring upon us and pity all those who have suffered for You who will be exposed to certain Ruine All possible means have been used in a Parliamentary way which is the only mean left to prevent the extreme Resolutions that are now taken but all is to no purpose our best Friends forsake us upon any Motion which may infer the least Latitude about the Covenant and Religion and therefore as in the presence of God I must discharge my self to Your Majesty and shew you the Resolutions now taken here in relation to the restraining of Your Majesties Person and Governing the Kingdom without You will be infallibly put in execution if Your Majesty does not satisfie in the Covenant and Religion to
Lesly's Discourse and Instructions but I do not so well understand your Letter of the 23th of this Month as not agreeing fully with what Robin hath said and shewn to Me wherefore I have the more reason to desire you to hasten your Coming up In a word every minute that you stay 't is so much the worse for the Affairs of Your most real constant Friend CHARLES R. Hampton-Court 29th August 1647. For Particulars I refer you to Robin The King was then so filled with Hopes from Assurances given Him by the Army The King is abused by the Army that He was out of doubt of getting things carried by Treaty and therefore continued to press Lanerick's Coming up The Earl of Lauderdale wrote also to Scotland that some Person of Eminence might be sent to concur with him in the great Transactions that were coming on whereupon the Lord Chancellour and Lanerick were appointed to go up upon which a Pass was signed by Fairfax for the Earls of Lowdon and Lanerick according to the desire sent from Scotland to come and wait upon the King But their Coming up was delayed the occasion whereof is given in the following Letter written by my Lord Lanerick to the King which though I set down in the due Stile yet both it and almost all the Letters written this Year being in Cypher run in the third person but for making the Narration smoother I have presumed to change their phrase a little Sir THe difference betwixt Robin's Relation and my Letter of the 23th of August last I shall easily reconcile The Reasons that stopt Lanerick 's Journey for some time when I shall have the happiness to see Your Majesty for I can hardly speak truth and sense without running a hazard of making my self useless and uncapable of speaking at all Those of the Chancellor's Friends who were against his being employed at this time take occasion to press a Delay to his and my present Going to London or Court from the Two Houses their not yet answering a Letter the Committee here wrote to them for Reparation of the Affront done to the Earl of Lauderdale and for Assurances to all Commissioners employed from this Kingdom so until a satisfactory Answer be returned to that Letter it is alledged that their Going will be useless since except they be allowed by the Two Houses access to Your Majesty may still be denied them and so their Endeavours to serve You frustrated This is the rather urged by reason of many informalities in the Pass sent them by Sir Thomas Fairfax by which they were only warranted to come to Your Majesty at Hampton-Court and if You chance not to be there it doth not warrant them to wait upon Your Majesty in any other place especially since it bears not at all a liberty for them to go to London where their Endeavours probably would be of the 〈…〉 use If the Earl of Lauderdale had not been affronted they would not have desired any Assurance at all but that being unrepaired for they are not at all satisfied with Sir Thomas Fairfax his Answer to the Two Houses Letter in that particular if they shall have occasion to move any thing in Your Majesties Favours which shall be disliked by the Parliament or Army they may chance to meet with the same or worse Vsage that Lauderdale did I was not so scrupulous but willingly would have hazarded through these or any Difficulties being required as I am by Your Majesty to haste thither but the Chancellor's Stay would have made my single Going I being only employed to Your Majesty useless yet if it shall be thought fit and I again commanded to it want of Formalities or Passes will not fright me from my Duty In the mean time Instructions are this day sent to our Commissioners at London to delay their concurrence in sending the Propositions of Peace to Your Majesty till the Chancellour's Coming for the Committee resolved to adhere to their former Instructions in pressing Your Majesties Coming to London with Honour Freedom and Safety for confirming so far as You have already granted by Your Message of the 12th of May last and there to Treat upon the rest of the Propositions Thus begging Pardon for this tedious account I expect Your Majesties further Commands which shall immediately be obeyed by Your Majesties most humble most faithful and most obedient Subject and Servant LANERICK Edinburgh 4th September 1647. His Majesties Answer follows Lanerick The Kings Answer to Lanerick YOu had reason not to come up without the Chancellour but I do not understand why you did both stay for is this a time for Scotland to vie punctilio's of Honour with England and thereby neglect even almost to loss the Opportunity of redeeming that Fault which they committed at Newcastle certainly you are not yet in the right way But seriously I write not this for you but to you that others by you might learn more wit In a word Time is not altogether lost redeem it for shame and be not startled at My Answer which I gave yesterday to the Two Houses for if you truly understand it I have put you in a right way where before you were wrong remember the Proverb Ill bairns are best heard at home I say no more but make what haste you can with your Colleague to Your most assured râ—al constant Friend CHARLES R. In the mean while a Message was sent from Scotland to the Parliament of England for such a full Pass as was demanded Lowdon and Lanerick with difficulty are permitted to wait on the King which drew on a great Debate for Haslerig Martin and others of that Cabal argued much against it saying why should Lanerick be sent up who was a known Incendiary and the Latham Letter mentioned in the account of the Year 1643 with many other Particulars were remembred Next they excepted against it that by the Pass that was demanded it appeared they were to go first to the King as if they had been to Treat without the Parliament of England But old Sir Henry Vane took them up sharply for remembring things which were long ago buried yet the Heat was so great that it was referred to a Committee to consider of it but in end it was granted All this while the Earl of Lauderdale went not near Westminster because he got not Reparation for the Affront put on him by the Army but was extremely vâ—xed to see the King possessed with such a good opinion of the Army and used all the ways he could think of to undeceive Him In the beginning of October the Earls of Lowdon and Lanerick came to London The Scotish Commissioners wait on the King and with them the Earl of Lauderdale went to wait on the King who was then at Hampton-Court and after they had learned from Him the State in which His Affairs were and had expressed the Sense and Affection of His Subjects in Scotland who judged all their happiness
to depend upon His Settlement on his Throne they fell upon their Treaty with the Parliament But the Army was beginning to take off their Mask and change their Stile for having now seated themselves in the Power they begun to contrive how to execute what they had always designed which was the Ruin of the King and the Subversion of Monarchy And a new Party among them called the Levellers did avowedly own Principles contrary to all Order and Government so that there was great ground to apprehend Danger to the Kings Person My Lords of Lowdon Lauderdale and Lanerick represented to the King that if He would give satisfaction in the point of Religion he was Master of Scotland on what terms as to other things He would demand but without that they feared their Design of serving Him should meet with great Opposition yet they resolved once to rescue Him out of the hands of the Army or to perish in the Attempt and offered to rescue Him from the Army A little after this His Majesty being to hunt at Nonsuch the Earls of Lauderdale and Lanerick came thither on pretence of waiting on His Majesty accompanied with 50 Horse which struck no small terrour in the little Guard that was about the King whereupon these Lords told His Majesty that they were come to rescue Him from His Captivity and they with all these they brought with them were resolved to die at His feet wherefore they intreated Him to make His Escape But the King told them He had engaged His Honour not to leave the Army without giving them Advertisement and till He freed Himself of that He would die rather than break His Faith But the Leading men of the Army were now weary of the Kings being with them and wished to have Him in some secure Place under a good Guard whereupon they made reports be brought to Him that the Levellers were designing against His Life The King therefore called again the Earls of Lauderdale and Lanerick to Him some days before His Escape and told them He had freed Himself of the Engagement He had given not to leave the Army The King advises with Lauderdale and Lanerick what to do He therefore desired their Advice what to do The Earl of Lauderdale said things being driven to such extremities it was not safe to give Advice but would His Majesty suggest any thing he would with all candour deliver his Opinion about it The King first spoke of His Going to Scotland the Earl of Lauderdale said that except He resolved to comply with their Desires about Religion He might expect no better Usage from the Church-party there than He had met with at Newcastle Next the King moved His Going to London the Earl of Lauderdale answered that formerly that had been a safe Course but now the City was so over-awed by the Army that he durst not advise His trusting His Person to them for the Tumults there were already great and would undoubtedly grow upon His coming The King asked if He came was He sure of the Scotish Commissioners that they would stick to Him in Name of the Scotish Nation the Earl of Lauderdale answered that all of them to a man should wait on Him and own His Service at all hazards but without Instructions from Scotland they could do nothing as Commissioners but only in their own Names as His Subjects and they had great reason to fear the Church-party in Scotland would not own Him nor order them to do it Next the King spoke of His going to Berwick whereupon the Earl of Lanerick who till then had stood silent begged of His Majesty that for Gods sake he would follow that Motion for if He left England the Army would pretend He was deserting His Kingdom and so depose Him but Berwick was a strong Place which at that time lay ungarrisoned the Country about it was generally well-affected and so He might easily get a good Garrison to go in with Him and by that means he was near Scotland for the encouragement of those who resolved to serve Him This was also backed by Lauderdale and the King seemed fully resolved on it so they left Him of this the Author had his Information from the Earl of Lauderdale A few days after this His Majesty went to the Isle of Wight The King goes to the Isle of Wight and on the 16th of November sent a Message to the Parliament which is Printed with the rest of the Messages declaring the reason of His Going to that Place and inviting them to a Treaty As for Religion he insisted on His Judgment about Episcopacy as a Government settled by the Apostles but was content it should be limited so that the â—ishops should act nothing in Ecclesiastical matters without their Presbyters whereby they should be no burden to Tender Consciences and that they should be obliged to reside and labour and preach in their Diocesses Besides He continued His Offer for the Settlement of Presbytery for Three Years till things were freely debated and considered adding a Liberty to all Tender Consciences except Popish Recusants As for the Militia He offered to yield it up to the Parliament during His whole Reign and in other Particulars insisted on His former Concessions and some days after that he wrote what follows to my Lord Lanerick Lanerick AS My coming hither will be variously scanned so I believe that My Message to the Two Houses will have divers Interpretations for neither of which I mean to make any Apology and wrâ—tes from thence to Lanerick for honest Actions at last will best interpret themselves only I must observe to you that what I have sent to London the end of it is to procure a Personal Treaty for which if I have striven to please all Interests with all possible equality without wronging My Conscience I hope no reasonable man will blame Me. Nor am I so unreasonable as to imagine that this My Message can totally content My Own Party but for the end of it a Personal Treaty I hope that all the reasonable men on all sides will concur with Me as I expect your Scotish Commissioners should do though I know you must dislike many Passages in it And yet I must tell you that in substance it differs very little from My Message of the 22th of May. This I thought necessary to write to you that you might assure your fellow-Commissioners that change of Place hath not altered My Mind from what it was when you last saw Me. So I rest Your most assured constant Friend CHARLES R. Carisbrook 19th November 1647. POSTSCRIPT This is a safe Messenger wherefore you or any other of My Friends may write to Me by him desiring much to hear from you To this Letter the three Commissioners from Scotland wrote joyntly this Answer May it please Your Majesty The Scotish Commissioners write to the King YOur Message left behind You at Hampton-Court gave great hopes that Your Majesty was
gone to some Place where you might be safe and free from Your Enemies and where Your Majesties Friends might have access to You. But as the Place to which You are gone so Your Majesties Message of the 16th hath infinitely disabled us to serve You for what You offer in matter of Religion comes far short of Your Majesties Message of the 12th of May besides it grants a full Toleration of Heresy and Schism for ever And as for Your Concessions in things Civil more is granted than was expected by some or wished by others and although we know not how effectual Your Majesties Message may prove for a Personal Treaty yet our Endeavours shall be really contributed for that end as we have done in part already If this Message be rejected a Personal Treaty denied the new Propositions pressed by the Two Houses and Your Majesty in no better Security than formerly You would advise us in time what to do and wherein we can be useful to Your Majesty who are resolved to serve You as becomes Your Majesties most humble most faithful most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 22th Novemb. 1647. Next day His Majesty wrote what follows to my Lord Lanerick Lanerick His Majesties Answer to Lanerick I Wonder to hear if that be true that some of My Friends should say that My Going to Jersey had much more furthered My Personal Treaty than My Coming hithâ—r for wâ—ich as I see no colour of Reason so I had not been here if I had thought that Fancy true or had not been secured of a Personal Treaty of which I neither do nor I hope shall repent for I am daily more and more satisfied with this Governour and find these Islanders very goâ—d peaceable and quiet People This Encouragement I have thought not unfit for you to receive hoping at least it may do good upon others though needless to you from Your most assured real faithful constant Friend CHARLES R. Carisbrook 23th Nov. 1647. But in the end of November the Two Houses passed the four Bills without the consent of the Scotish Commissioners which was a manifest Breach of Treaty The Two Houses pass the four Bills In them the Covenant was not so much as mentioned for they related wholly to Civil matters as the perpetual Power of the Militia the unlimited Authority of Parliament and in effect the Giving up at once the Kings Authority But the Scotish Commissioners complained and Remonstrated against this with open mouth and gave in a large Remonstrance against the four Bills Declaring The Scotish Commissionerâ— protest against them that contrary to all the former Treaties and Declarations the Propositions made to His Majesty were still altered the Propositions sent to Newcastle to which notwithstanding their dislike of them yet for Peace sake they had yielded were now quite changed They also protested first against the sending of Propositions without a previous Treaty which they earnestly pressed as the likeliest Course for removing all Mistakes and bringing things to a Final Settlement and therefore they insisted on their former Desires for a Personal Treaty in or about London Next they excepted against the Bills both because the Covenant was quite omitted and the Settling of the Uniformity of Religion was turned to a Desire for a vast Toleration The Treaties with Scotland were not desired to be confirmed but only the making of them to be approved which was rather an Indemnity for making them than a Confirmation of them Next they remonstrated that the Kings Legislative Power was quite taken away by an unlimited Power they desired to be put in the Hands of the Two Houses and that their Demand about the Militia did put the King out of a capacity of Protecting His Subjects In fine they complained of the making Propositions without the concurrence of the Scotish Commissioners wherefore they remonstrated against the Bills and resolved to follow the Commissioners whom the Two Houses were to send to Wight and protest against these Bills upon which divers Papers passed betwixt the Two Houses and them The Earls of Lowdon Lauderdale and Lanerick wrote their sense of these Bills to His Majesty thus May it please Your Majesty and write to the King concerning them IT is of no advantage to expostulate about what is past either the carrying Your Majesty into that sad Place or the Prejudice Your Service and we suffer by Your Majesties Message for while You study to satisfie all You satisfie no Interest We shall insist on the grounds we went on at Hampton-Court and shall constantly press a Personal Treaty at London but not as the new Propositions do hold forth which if Your Majesty agrees to You divest Your Self and Your Posterity of the Militia for ever You settle this Army and Entertainment for it over Your Self and Your Majesties People perpetually and by giving leave to Adjournment You and Your Parliament shall be carried about at the Armies Pleasure as their Sub-Committee If Your Majesty will further enable us we shall by our Actions give more real testimonies how intirely we are Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 25th November 1647. With this Lanerick sent to His Majesty the Papers they gave in against the Bills and the other late Votes upon which the King wrote the following Letter Lanerick ALbeit that Letters can ill dispute at this distance yet I cannot but tell you His Majesty is well satisfied with their Papers that many things may be fitly offered to obtain a Treaty that may be altered when one comes to Treat and there is a great difference betwixt what I will insist on and what I will permit for the obtaining of a Peace Likewise it is neceâ—sary in many respects that I should seek to satisfie as far as I can with Conscience and Honour all chief Interests All these things impartially and duly considered I will boldly say My Message will not be found much amiss which recommending to Yâ—ur better consideration I must now desire You to give hearty thanks in My Name to your fellow-Commissioners of which though you take a large share to your self they will not want for their Paper of the 17th of this Month which was sent to the Two Houses for seriously it is as full to My sense as if I had penned it My Self And let me tell you that it will turn to the greatest Honour I say no more that ever befell you wherefore I conjure you by all that is dear to wise or honest men that you adhere close and constantly to it and as the Song sayes I ask no more So I rest Your most assured faithful real Friend CHARLES R. Carisbrook 29th November 1647. To which with another of that Date which His Majesty wrote to the three Lords which is not in the Writers hands they wrote the following Answers Sir They write again to the King IN answer to Your Majesties of
the 29th of November we shall first humbly acknowledge Your Favour by conferring so great a Trust on us and do engage our selves to the exactest Secrecy As for a Personal Treaty we are resolved still to insist on it and that London may be the Place but as to Your coming hither in Person Your Majesty not having signified to us Your Resolution of declaring or concealing Your being here or upon what assurance of Safety you can do either as Affairs now stand we dare not presume to giâ—e a positive Advice herein but leave it to Gods Direction and Your Wisdom though we wish from our Souls You were out of those hands you are now again in And albeit we can no ways joyn with Your Majesties Message yet whatever Success our Endeavours for a Personal Treaty shall have or what Place soever Your Majesty puts Your Self into You may be confident that you shall still have the reallest Assurance and faithfullest Services of Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 1st Dec. 1647. Sir JVst now we received Your last of the 29th of November The first of that Date we answered by James Cunningham and can now say no more as to Your coming to London than we did by him for though nothing is so much wished by us as Your being out of their Power in whose hands You have put Your Self yet we know not in what Safety Your Person could be here at London considering the present Temper of the Two Houses the Distempers of the Army and the irresolution of the City But not knowing what grounds Your Majesty goes upon we cannot judge of that Design yet since You are pleased to command us to offer our sense of a better if we approve not of this we shall presume to propose to Your Majesty Your Town of Berwick as a Place both of Safety to Your Person and of advantage for prosecuting Your ends of Peace whether by a Treaty or otherwise of restoring Your Self to Your Power and Your People to their former Happiness The Prejudice of abandoning Your Kingdom of England while Your Parliament is Sitting will thereby be evited Your Friends whether at home or abroad will have free access unto You and if You shall think fit to make use of the Affections of Your Scotish Subjects You already know upon what terms You can engage them either to restore You or fall with You. And as to the Safety of Your Person besides the Affection of these Northern Places which is very great and the Strength of the Place it self which upon Your Arrival with a few of Your English Friends may be possessed by You Scotland hath not only 1200 Horse now together upon the Borders but will be ready to imploy their whole Power for Your Personal Preservation in case of danger If Your Majesty approves of this Motion You will think upon the best speediest and safest way of executing it and either in this or what else You command we will constantly shew our selves Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK Dec. 4. 1647. On the 6th of December His Majesty sent a new Message to the Two Houses with which he wrote to the Scotish Commissioners AS I heartily thank you for your Freedom The King sends a Copy of His Message to the Scotish Commissionerâ— thereby perceiving your hearty endeavours for My Recovery so there are so many Particulars that I cannot at this time give you a positive Answer but shall within few days In the mean time I earnestly desire you to use your uttermost Endeavours for procuring a Personal Treaty which for the present will be the most acceptable Service you can do to Your most assured real constant Friend CHARLES R. POSTSCRIPT I have sent you a Copy of a new Message here inclosed to the Two Houses not doubting but you will second it also desiring you speedily to advertise Me of any Resolution that shall be taken to My disadvantage by the Houses and of this I pray you be very watchfull The Message being among the Printed Messages is not inserted here the Reader being referred to that Collection The substance of it was An Expostulating that no return had been made to his last Message notwithstanding which His Majesties constant tenderness to the Wellfare of His Subjects and the sad condition they were now driven to did so far prevail upon Him that he vehemâ—ntly pressed a Personal Treaty as the best means of Peace so that the blame of retarding so great a Work must fall somewhere else than on His Majesty who as He had already offered to devest Himself of much of His Authority so He did not doubt but if they met Him with the same Resolutions with which He would meet them the Kingdom should at last enjoy the Blessings of a long-wished Peace At this time the Two Houses were designing to make His Majestie a close Prisoner of which the Scotish Lords gave the King notice in the following Letter Sir They discover to him Designs against Hiâ— Person WE are this day certainly informed that the Committee appointed for Your Majesties Papers whereof Mr. Lyle of the Isle of Wight hath the Charge and whereof Mr. Martin Scot and that Cabal are Members have resolved that present Order should be given for making Your Majesty a close Prisoner and to remove Ashburnham Berkeley and Leg from You and commit them to close Prison with Resolutions to proceed to Extremities against Your Majesties Person The knowledg of this came to us from Jack Denham besides a Member of that Committee this day assured My Lady Carlisle that within 24 hours Your Majesty would be a close Prisoner And to our certain knowledg there are Debates amongst the eminent Persons by one mean or other to destroy Your Majesties Person and Consultations have been here and in the Armies for this effect Our information comes from some who were present at both we could not be at quiet till we had advertised Your Majesty of this nor can we propose any better Remedy than we did express by Andrew Cole If Your Majesty does not resolve and act speedily we fear our Endeavours to serve You will be too late which would be the greatest Affliction could come to Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 8th Decemb. 1647. POSTSCRIPT Jack Denham's Intelligence is from the Clerk of the Committee At this time the Earl of Traquair came to wait on the King Traquair waits on the King and gave Him great hopes of the Fidelity of some of the most rigid of the Church-party in Scotland He was sent by His Majesty to the Scotish Commissioners with the following Letters THe coming of Traquair hath much eased the pains which otherwise I must have taken in performance of that Promise I made you iâ— My last Letter by And. Cole but I care not
so much for the saving of My labour as the inevitable loss of so much precious Time which must have been spent had I written so long a Discourse as that Promise required wherefore I have freely and fully imparted My Mind to Traquair as well concerning your Propositions to Me as the making of some from Me to you Having no more to say but to desire you to give an entire belief a willing ear and a speedy answer to what he shall impart to you I am Your most assured real constant Friend CHARLES R. Carisbrook 8th December 1647. Lanerick NOtwithstanding My Ioynt-Letter I think it most fit to write to you alone to assure you that if I have any Iudgment Traquair is right set for My Service wherefore in a most special way I recommend him to you to whom referring you I rest Your most assured real faithful constant Friend CHARLES R. Carisbrook December 8th 1647. The Message trusted to Traquair The Kings Message by Traquair was that as to matters of Religion His Majesty was unmoveable but as for other things wherein the Honour or Interest of Scotland might be concerned he was ready to give them the greatest and fullest Concessions that could be demanded in answer to which the three Commissioners wrote what follows to His Majesty SIR WE have heard Traquair's Relation whom last night we had dispatched to Your Majesty with our sense upon all the Particulars The Scotâ—sh Commissioners their answer to it but this morning he hath conceived his going at this time unfit which forceth us upon this tedious way And the receipt of Your Majesties of the eleventh Instant makes us the more earnestly beg that You would not suffer us longer to walk in the dark but give us under Your Royal Hand an assurance that You will perform what is contained in that Paper concerning Religion and withall insert what You have scraped out of the Paper which we gave Your Majesty at Hampton-Court and we shall oblige our selves to endeavour that Scotland shall engage themselves for Your Restauration and Civil Interests as was expressed in those Papers Without this Assistance we are absolutely unable to serve Your Majesty and although Doctor Goff shewed us Your unwillingness to allow of that Clause concerning the Covenant yet we should but abuse Your Majesty if we gave You the least hopes that Scotland would be engaged at an easier rate therefore we again beseech Your Majesty to haste to us Your clear and positive Answer lest we forfeit our Trust with those that sent us hither and You which to us would be more bitter perish by Delays Our informations concerning the Restraint intended to be put upon Your Majesties Person and some of those with You are still confirmed therefore Your Majesty would speedily resolve to satisfie Scotland and engage their Power for Your Assistance Concerning the Duke of York there is nothing we desire with more earnestness than to serve Your Majesty in what You would have done but being Publick Ministers we cannot be the Actors of it without absolutely disabling us to do Your Majesty any other Service and none else will engage in a matter of this nature upon any desire from us without a positive Command from Your Majesty therefore if You continue in that Resolution we conceive it fit You make choice of some such trusty Person as Your Majesty would employ in acting of it and that You write to him for that effect without taking any notice of us at all in Your Letter to him We pray the Lord to preserve and direct You who are unchangeably Your Majesties most humble most faithful and most loyal Subjects and Servants LOWDON LAVDERDALE LANERICK 13th December 1647. After this His Majesty wrote these Letters to the Scotish Lords The King commands them to come to the Isle of Wight THough no time hath been nor shall be lost for My Going from hence yet contrary to expectation it will be ten days before the Ship can be ready And I confess that this had been too late if the Governour would have permitted Forces in hither wherefore I am most confident that I shall not be surprized for time And therefore I earnestly desire all you three or at least one of you to come hither without delay for the full Conclusion of all things betwixt us for upon second thoughts I judge it less dangerous to go to London than to any Place else except I were totally accorded with you To conclude if you will not counsel Me to go to London without being publickly invited make haste hither as you love His Service who is Your most assured real constant Friend CHARLES R. Carisbrook 14th Decemb. 1647. TIme was never more precious to any than it is at present to Me and therefore I am glad to take occasion upon Doctor Goff's long Dispatch which I received yesternight after I had written to you to return you by him such a draught of Articles betwixt us as your Signing it will make your Iourney hither unnecessary and I am to take what Course you will propose in order to My Safety I am confident the necessity of this Accord in divers respects is so well known to you that all Arguments are needless Also I hope that the particulars are so well worded that you will make no difficulty to pass them as they are but if contrary to My expectation you should scruple at any expression then necessarily all or at least one of you must come hither with all expedition So desiring you to believe what Doctor Goff will say to you in My Name I rest Your most assured real constant Friend CHARLES R. Carisbrook 15th Decemb. 1647. With this last Doctor Goff brought a full account of His Majesties thoughts but the Scotish Commissioners finding it impossible to adjust matters which were of such importance without waiting on His Majesty resolved to go to the Isle of Wight And that their Going might give less Jealousie they resolved to go after the Commissioners whom the Two Houses were sending with the four Bills that they might Protest against them At this time the Marquis of Huntley being in Arms in Scotland and not able to resist the Forces that came against him was taken Prisoner which His Majesty understanding he expressed his Concern for him in the following Letter he wrote to Lanerick about him Lanerick HEaring that the Marquis of Huntley is taken and knowing the Danger that he is in I both strictly command you as a Master and earnestly desire you as a Friend that you will deal effectually with all those whom you may have any Interest in for the Saving of his Life It were I know lost time to use Arguments to you for this wherefore I judge these lines necessary to add to your Power though not to your Willingness to do this most acceptable Service for Your most assured real constant Friend CHARLES R. Carisbrook 17th Decemb. 1647. About this time the Queen wrote to my Lord
Majesties Preservation on these or on easier terms yet it was long debated amongst them what the Consequences might be of engaging in so great a Work not only without Unanimity but with the Opposition of the Church and most of those who had been of greatest Eminence and Power during the late Troubles Wherefore they resolved to give very extraordinary Complyances to their Desires whereby they might either gain their Concurrence or at least mitigate their Opposition and determined to go a greater length than otherwise their Loyalties could allow of But the Church-men by the insinuations of Mr. Gillespie and others were possessed with an opinion of their bad Intentions and that their Resolutions if they were blessed with Success were to overturn all that had been formerly established and so they resolved not to be satisfied with any Security or Proviso they might grant believing that nothing they offered was really meant to be kept and that all they intended was but Cajolery therefore they determined to oppose them with their utmost Zeal and Industry A few dayes after the three Lords returned to Scotland the following Letter came to them from His Majesty UPon Saturday I received yours of the twenty fourth of January A Letter from the King and have written to Lee as you desired Let no reports of any Personal Threatning against Me stagger your Confidence of My Constancy nor hinder Scotland in what shall be best for Kingly Authority lose no time in your great and honest Designs for him who is Your most assured real constant Friend CHARLES R. Monday 7th February 1648. POSTSCRIPT I resolve within these two or three Days to write to you by a trusty Messenger however I hope not to fail by these ways you mention To which they returned the following Answer May it please Your Majesty THis day we received Your Majesties of the 7th Instant Your Letter to Lee we hope may be useful Our Resolution to serve Your Majesty cannot be shaken with which we will go through or perish The Clergy cannot be satisfied with what Your Majesty offers in Religion for the reason expressed in our last of the 15th yet we hope to engage them in the Work We wish Your Majesty could further enable us in that Particular as the only mean to procure Vnanimity In the mean time we will set up our rest on the procuring a speedy Engagement though without that we cannot do it so much to Your Majesties advantage Sir Marmaduke Langdale is come hither and our first care shall be to secure Berwick and Carlisle which ere this we had done if our Forces had not been at too great a distance scattered in their Quarters They have now Orders in private to draw together and we intend to act and speak both at a time POSTSCRIPT We want Arms and Ammunition exceedingly and do earnestly desire the Queen may be pleased to endeavour the supplying us from France and Holland speedily The Lord Chancellour though at first the most forward of them all for an Engagement Lowdon falls off to the Church-party yet was quickly wrought upon to abandon his generous Resolutions and not only turned over to the violent Church-Party but some Months after was made do Penance by a solemn Acknowledgment in the High-Church of Edinburgh for his sinful complyance with these unlawful Courses as they were termed Traquair played his old game a great while with both hands and studied to make a Reconciliation with some Lords of the Church-party if by any means they could have been engaged in the Design and Mr. Murray of the Bed-Chamber who was sent to Scotland from France treated also long with the Heads of the Church-party whom he thought more powerful in the Country and so more able to deliver the King but finding them so backward without positive Concessions about Religion and the Covenant he and the rest of these called the Kings Party were forced to unite with the Duke and his Friends The first thing was to engage all the Officers of the little Army then standing which was carried very successfully and their next care was to fix on one to command Those who united for engaging in the Kings Quarrel designed that David Lesley now Lord Newark should command the Army to be raised and he at first undertook the Service very cordially but some of the Church-men fell upon him very furiously and prevailed so far on others who had a great Ascendant over him that he being of an easie nature struck off and refused the Service Whereupon finding it necessary that a Person of Eminence and Integrity should command the Army They resolve the Duke should be General which he oposed much they resolved on making the Duke General which he opposed to a high degree saying that he was resolved to hazard his Life with the first yet he would decline all Command knowing with what Calumnies he had been aspersed and what Jealousies many had still of him as if his Designs were for himself and to the Kings Prejudice And many yet alive with whom he lived in the greatest Confidence know with what earnestness he pressed them to set their eye on some other Person but there were none to choose fit for the Trust wherefore it was agreed by them all that the Charge must be laid on him to which he submitted with great Aversion The Parliament meets in Scotland In the beginning of March the Parliament sate Their first trouble was from the Remonstrance which the Commission of the Kirk sent them against Association with Malignants and of the danger Religion was in which Paper they intended to have printed but with much difficulty this was stopped There were Commissioners sent down from the Two Houses with whom Mr. Stephen Marshal came for Justifying their Proceedings and keeping a good correspondence with the Scotish Nation and notwithstanding all the Injuries done by them last Year yet some of the Clergy and of the Lords of their Party were in a very good understanding with them But first of all the Carriage of the Scotish Commissioners in England was approved in Parliament next there was a Committee of Eighteen appointed for preparing business and to confer with the Commissioners of the Kirk for giving them satisfaction which was a long and slow Work On the 14th of March the English Commissioners complained that they heard there were Designs among some Malignants to seize Berwick which they desired these in Scotland would oppose whereupon the Parliament referred it to the Committee of Eighteen to see to the Security of the Kingdom in that Affair from which all the Members who were of the Church-Party dissented and against this Vote the Commissioners of the Kirk sent in another Remonstrance because they knew that Committee was so chosen that they would send Orders for the securing of Berwick On the 22th of March the Committee of the General Assembly commonly called the Commission of the Kirk gave in their large Paper consisting
of a long Preamble and Eight Articles THe first was That before they went on to a War and find great opposition from the Ministers the Grounds and Causes of it might be well cleared Secondly that the alledged Breaches of the Covenant and Treaties might be condescended upon and Reparation of them first sought Thirdly that there might be no such Grounds of War as might break the Vnion of the two Kingdoms and disoblige the Presbyterians of England Fourthly that none of the disaffected or Malignant Party might be admitted to Trust but on the contrary that they should be opposed and suppressed Fifthly that the Kings late Concessions might be declared unsatisfactory Sixthly that they should engage not to restore His Majesty to the exercise of His Royal Power till He should by Oath bind Himself and His Successors to consent to Acts of Parliament for confirming the League and Covenant and settling Presbytery the Directory and the Confession of Faith Seventhly that none might be trusted but such as were of known Integrity and good affection to the Cause Eighthly that the Church might have the same Interest in carrying on this Engagement which they had in the Solemn League and Covenant These Demands run in so high a strain that those of the Church-Party judged either they would be rejected and so the Church would pretend somewhat for their breaking with the Parliament or if they were yielded to it would so alienate the Hearts of the King and all His Friends in England from them that they would hate them as much as they did the English Parliament or Army The Committee of Parliament found the Strait they were in and saw what an unhappy practice it had been to give the Church-men so great an interest in Civil Affairs Some were for brisker Courses and for clapping up in Prison all the more turbulent Ministers but the Duke apprehended great trouble from that fearing it should raise stirs among the people which might retard the design of the Kings Delivery upon which all his thoughts were bent The hazard of intercepting Letters made the Intercourse by them so slow that the Lords that corresponded with His Majesty had no Return from him before the beginning of April and then they got that which follows I Was as glad to see the constancy of your Resolutions as I was sorry to understand the great Opposition you find in Your Vndertakings The King writes to his Servants in Scotland But as for any Enlargement concerning Church-affairs I desire you not to expect it from Me for such expectations have been a great cause of this My present Condition which I assure you I am still resolved rather to suffer than to wrong My Conscience or Honour which I must do if I enlarge My Self any thing in those points But I take very well the freedom of your Advice because I see it flows from your Affection being also confident that you will cheerfully and resolutely go on according to your Engagements to Me who am Your most assured real constant Friend CHARLES R. 17th March 1648. And to this the Earls of Lauderdale and Lanerick wrote the following Answers SIR WE have received Your Majesties of the 17th of March Nothing but the cruel slowness of Proceedings here would have made us so long silent and that was occasioned by the great Opposition we have met with from the Ministers and the rigid Persons who strongly pretend Your Majesties not satisfying in matters of Religion and upon these grounds have gained upon many and obstructed any Engagement Yet we and those we have interest in are so sensible of our Duties our Honour and of Your Majesties sad Condition which goes nearer our Hearts than any earthly thing that although an Engagement upon the terms we parted on be impossible yet we shall either procure Scotland's Vndertaking for Your Majesties Person or perish let the hazard or opposition be what it can We can boldly say we have the Major Vote of the Parliament clear and if we were blest with Your Majesties Presence the work were done We dare not presume in this troublesom way to express the particulars of our Difficulties or Resolution but hope shortly to give a more satisfactory account having vowed to live and die Your Majesties most humble most faithful and most loyal Subjects and Servants LAVDERDALE LANERICK 22th March 1648. Lanerick also wrote what follows taken from an imperfect Copy under his hand SIR I Have been long silent and possibly should have been so a little longer had I not received Your Majesties of the 17th of the last Moneth but lest I be involved in other mens Guilt I must first speak and then perish or do my Duty Sir at our first returning to Scotland we met with a general Dissatisfaction with what you offered concerning Religion from the Ministers and their Party though all I have Interest in would have cheerfully hazarded their Lives for Your Majesties Preservation upon these or easier terms but after long Debate upon the Consequences of engaging in so great a Work not only without Vnanimity but with the Opposition of the Church and most of those who have been of greatest Eminence and Power during these late Troubles this moved us to a willingness for a very extraordinary Compliance with their Desires providing we might be assured of an Engagemennt But now when we have gone a greater length than even our Loyalty can allow us we find that nothing is intended by them but either a Conjunction with those that seek your Ruine or at least a dull and stupid Suffering and enduring of those destructive Resolutions to Religion and Government which are now designed by the Enemies of God and Your Majesty After this there was a new Committee of 24 chosen by the Parliament for a Conference with the 12 Commissioners of the Kirk who had many Meetings with them and gave them satisfaction to all their Demands so that all back-doors were shut and they were ashamed that they had asked no more wherefore being driven from all their Pretences they fled to the last starting-hole of Jealousie and said that their Designs were contrary to their Professions This was a tedious Affair and cost many Conferences In end great Offers were made to satisfie the Church-party but nothing did prevail whereupon the Committee drew up a large Declaration of all the Violations of the Covenant and Treaties made by the Two Houses together with an account of their own Intentions suitable to the Propositions made by the Ministers only they stood much upon the sixth Article that seemed most contrary to their Duty to their Sovereign and it took them up many days at length they yielded even to that but for this the Reader is referred to the Declaration printed with the Acts of that Parliament On the 25th of April the great Business was carried The Parliament vote an Engagement for the King of putting the Kingdom into a posture of Defenâ—e but the account of the
was at that time much influenced by the Dukes Enemies yet Bellandin got many promises made him of a large supply of Mony and Ammunition Upon these Expectations the Earl of Lanerick was against a speedy March into England but much pressed by others but this was opposed by the Earl of Lauderdale who pressed a present Dispatch They were called upon so earnestly from their Friends in England that to linger still was to lose the Kings Party there for now the Kentish men were broken and some of them had passed over unto Essex where many rose with them and carried Colchester and made a good Body both of Horse and Foot but were not able to hold out long against the Army yet they gave them divers foils But that of the greatest Importance was that most of the Navy had declared for the King and desired a Correspondence with Scotland and Willoughby who was made Vice-Admiral by the Prince was a great Friend to the Scotish Nation The Earl of Inchequin also with his Army in Ireland had declared against the Parliament and sent to Scotland a very kind Message for a good Understanding with that Parliament and finally a part of the English Army being much sollicited by the Church-party in Scotland who complained that they were now exposed by them to Ruin was coming North-ward under the Command of Lambert and Langdale had written to them that he could not be able to stand long before Lambert if he were not speedily relieved and that Carlisle also would be in great hazard neither was the hazard only the loss of Carlisle of which they made less account but the Army which was with Langdale whose Wives and Children were in Carlisle did threaten to leave him and Capitulate if that Place were not preserved Besides all this they at Westminster to temper the general Hatred against them had called back the Secluded Members of both Houses and were Levying new Forces and had Voted a Personal Treaty with the King at which time also one Osburn avouched that there were Designs against the Kings Person and that himself had been sollicited to assist in the poysoning him All these Considerations were pressing and could admit of no delays wherefore Lauderdale insisted for a present March and that the Dukes Carriage might shew it was the Kings Service and not a Faction he was designing nor Resentments against these who withstood him in Scotland for so did Lauderdale mistake Lanerick's advice for curbing of the Church-party and punishing their Leaders The Duke saw great reason on both sides and is resolved on and though his own Judgment went along with his Brothers Advice knowing well it was easie for him to have forced all Scotland very soon into a Compliance with their Design which being once done he could have marched into England upon greater advantages and with a far better Army yet he was content to be over-ruled believing that if they were prosperous in England upon which depended all their hopes it would be no great Work to Master any Opposition might be made in Scotland And thus did the unripened forwardness of those in England force the Duke on a fatal Precipitation of Counsels The resolution was taken and a General Rendezvous appointed to be at Annan near the Borders of England on the 4th of Iuly All this while my Lord Lanerick had not forgotten the Kings Commands about the Marquis of Huntley but the ill Opinion the Church-men had of them was such that to have proceeded roundly in that matter would have given greater grounds of Jealousie to that Party therefore the Iunto sent him word to the Castle of Edinburgh where he was then Prisoner that though at that time it was not fit to set him at liberty by an Order yet they were willing he should make his Escape and they offered their Assistance for conveying him safe away But he said he was brought thither by Order and he would not steal out as a Thief and from this fatal stiffness they could not get him removed yet they resolved to liberate him openly when they should be better able to avow their Actions The Opposition the Church-men made to the Raising of the Army An Insurrectâ—on at Mauchlin did still retard the Levies and discourage the Souldiers though the Officers were generally resolute Some Forces were sent West-ward under the Command of Sir Iames Turner to keep that Country quiet who found a little Authority vigorously managed did quickly tame some of the most unruly But at Mauchlin there was a great Gathering under the Colour of an Assembly to a Solemn Communion and many went thither Armed pretending hazard from the danger of that time Turner got notice that an Insurrection was designed there and advertised the Duke of it who ordered Turner not to stir till the Earls of Calander and Middleton should come to assist him who came to Pasely on the Saturndy before that Communion they drew out the Forces that lay there consisting of two Regiments of Foot and fourteen Troops of Horse and marched to Steuarton where the Earl of Glenâ—airn and others of the Nobility met them Some advised a March of the whole Forces others thought a few Troops were sufficient for dispersing that Multitude whereupon Middleton was commanded out with six Troops who found them near two thousand strong Horse and Foot but being ill-commanded they were soon disordered Middleton and Hurry gave the Charge and were briskly encountered so that they were made to retreat with the loss of some men and both Middleton and Hurry got slight Wounds but the Party that had given them this rude Shock having cleared a way for themselves made their Retreat The report of this Disorder was brought hot to Calender who leaving the Foot at Kilmarnock went with the eight Troops he had with him to assist Middleton but upon his appearing all run away The Horse were not pursued sixty Foot Souldiers were taken and five Officers and some Ministers who were all dismissed only the Officers were condemned to dye by a Council of War but were afterwards pardoned by Calander Some Forces were sent towards the Borders After this before a General Rendezvous was possible the Duke for animating those of Carlisle who began to be sore put to it sent Collonel Lockhart with some Regiments of Horse to lye at Annan and Collonel Turner with five or six Regiments of Foot to lye at Dumfrice hoping thereby to hinder Lambert from coming near Carlisle wherein his expectation did not fail him for no sooner came Lockhart to Annan but Lambert drew his Troops nearer and Sir Marmaduke Langdale got air a while for Provision both for his Men and Horses and against the day appointed the General came from Edinburgh to Annan with Calander Middleton and Baylie and several Regiments of Horse and Foot The Army enters England Turner also came to him from Dumfrice with the Regiments that lay there and some Ammunition and abundance of Meal
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
being a necessity of searching divers Records for Precedents which required a competent time as had been allowed in former cases but the Court refused to promise it only they said they would take it into their consideration The Counsel insisted and said plainly they declined the Imployment on those terms and would be forced to declare it Monday the 26th the other two Officers that had signed the Capitulation for the Duke and his Troops The ninth Appearance who had been sent for a great way off were examined who agreed with the former Witnesses in matters of Fact and also with Lilburn that by signing the Articles they only meant the Duke should be preserved from the Violence of the Souldiers and not from the Justice of the Parliament Then the Counsel began to Plead and all four spoke on the several Heads of the Plea Mr. Heron spoke cursorily and elegantly but not very materially Mr. Parsons a young man spoke boldly and to good purpose Mr. Chute the Civilian spoke learnedly and home and Mr. Hales since the much-renowned Lord Chief Justice of the Kings Bench elaborately and at length The Heads of their Arguments follow The Duke's Counsel at Law plead for him The Duke being as was granted a born Scotch-man his Tie of obligation and subjection to that Kingdom was indispensable and indissoluble so that his late Imployment could not be refused when laid on him by the Authority of that Kingdom no more than a Native of England living in it can disobey the Commands of this Parliament whereas any Subjection the Duke owed the Parliament of England was only acquired and dispensable That since no man can be a Subject of two Kingdoms whatever Tye lay on him to the Kingdom of England it was not to be put in Competition with what he owed Scotland it being a Maxim in Law that Major relatio trahit ad se minorem and that Ius Originis nemo mutare potest That there was an Allegeance due to the King and another to the Kingdom and no Treason could be without a Breach of Faith and Allegeance due to them against whom it was committed for these Kingdoms were two distinct Kingdoms and though the Allegeance due to the King was the same in both Kingdoms yet that due to the Kingdoms was distinct nor was the Actual administration of the Kingdoms in the Kings Person when the Duke got his Imployment therefore as his Allegeance to the Kingdom of Scotland was ancienter and stronger than any Tie that lay on him in England so what he did by their Order might well make him an Enemy to this Kingdom but could not infer Treason Yet all this of the Allegeance due to the Kingdom was founded on no Common or Statute Law as Mr. Hales himself confessed afterwards but he urged this well against those who asserted it it being the universally received Maxim at that time That whether he was a Post-natus or Ante-natus did not appear but though he were it did not vary the Case nor his obligation to the place of his Nativity and so though he were Post-natus or accounted a Denizen by his Fathers Naturalization his Offence could not be Treason but Hostility at most and by that supposed Hostility he could only lose his Priviledge of a Denizen but could not be made a Traitor there being no Precedent where ever any man was attainted of Treason for a hostile Invasion and it was questionable if this Offence could amount to that nor could any case be alledged where one born in another Independent Kingdome acting by a Commission from that Kingdom and residing there when he received his Commission and raising the Body of his Army in that Kingdom and coming into this in an Open Hostile manner was ever judged guilty of Treason Naturalization was intended to be a Benefit and not a Snare so that one might well lose it but was not to be punished for it And so when France and England were under one Soveraign divers of both Nations were naturalized in the other yet when Hostility broke out betwixt them many so naturalized fought on the side of their Native Kingdom for which none were put to death though divers were taken Prisoners And in Edward the third's time though he claimed France as his by Right yet when the Constable of France invaded England and was taken Prisoner he was not tried nor put to death but sent back to France as being a Native of that Kingdom And when David Bruce King of Scotland invaded this Kingdom and was taken Prisoner great endeavours were used to find a Legal ground for his Trial he being Earl of Huntington in England but this Plea was waved for it was found that it could not be done justly that being but a less degree of Honour though King Edward claimed a kind of Homage from the Crown of Scotland That if the Duke were on that account put to death it might prove of sad consequence in case there was War any more betwixt the Kingdoms since most of the present Generation were Post-nati and all would be so quickly and yet if the Lord Fairfax who was both a Post-natus and had his Honour in Scotland were commanded to lead an Army thither and being taken were put to death it would be thought hard measure For the Duke's Father's Naturalization it was true by the Statute of the 25 Ed. 3. provision was made that Children born without the Kingdom whose Parents were then in the King's Allegeance should be Denizens but the Duke was born before his Father's Naturalization which can never reach him none but the Issue after his Father's Naturalization being included within it and the word Haeres in the Act is only a word of Limitation and not of Creation nor did his making use of the assistance of some English Forces make him a Traytor It is true if an Englishman conduct a Foreign Army or if a Foreigner come of his own head or in a Rebellious way to assist an English Rebellion it will amount to Treason for the Act of such an Alien is denominated from the crime of those he assist here where he owed a local Obedience which was the Case of Shirley the Frenchman and of Lopez but if an Alien come with a Foreign Force though he make use of English Auxiliaries that only infers a Hostility but no Treason and was the case of the Lord Harris a Scotchman 15 Eliz. and of Perkin Warbeck both having English help and though Warbeck was put to death it was by no Civil Judicatory but only by the Will of Henry the 7th who erected a Court-Marshall for that purpose The present case was yet clearer where the Alien had Authority from his Native Kingdom and was commanded by them to make use of English help so that though Langdale's assisting the Duke did make himself a Traytor yet the Duke's accepting of it only infers an Act of Hostility And whereas it was objected that the Parliament had already by
yet he was averse from doing them such Services with the King as they desired of him He had a Vivacity of Apprehension beyond any about him His Abilities with a great conception of things and quickly penetrated into mens Thoughts and Designs His discourse was short but nervous witty and full of Stings when he had a mind to reflect on others but he was soon heated and kept his Fire pretty long There was not a mean thought lodged in his Breast all his Designs being noble and aspiring which with the fervour of his Nature made him pass for a very proud man among his Enemies He was indeed gallant and generous to all degrees and none alive was capable of a higher sense of Honour and Gratitude nor more unable to stoop to anything that was sordid or mean For his Religion he was a true zealous Protestant His Religion and his Opinions about our unhappy Differences at home were the same with his Brothers He had a great dislike of Church-mens pretending to meddle in Civil Affairs finding it hurtful on all hands and therefore was much for confining them to their own Work In those Times when things were like to run a risque in the Committee of Estates most commonly the sense of the Commission of the General Assembly was brought in to declare how far Religion and the Covenant was concerned in any Particular that was under Debate and this swayed some and over-awed others but nothing was more odious to him than this Practice and he wisely foresaw and often said that nothing could bring such a stain on Religion in the minds of those who were too inclinable to receive bad impressions of it as the officious and over-meddling Tempers of hot and indiscreet Church-men His Practice in Devotion in some of his last years shewed him to be sincerely Religious He had for many years great Convictions on his Conscience of the true excellence of Religion but humane infirmity prevailed too much over him and he was not free of Blemishes yet he found he had to do with a merciful God who gave him such a Victory over those Snares and such tender impressions of his Love that long before his Death he was come to have that assurance of the Divine Goodness that he was not only ready and willing but longing for Death But his prospect of it will appear better from his own Pen than any thing I can add when he was entertaining himself in cold Blood with the serious Apprehensions of that grave Object and penned his Latter Will which shall be set down in its own place His troubles proved happy to him The Afflictions he lay under in his last years contributed not a little to the raising that sense of things in him these having been the saddest years Scotland ever saw in which he was overlaid both with publick and personal Troubles Those which went nearest his Heart and wounded it in its most sensible part were first the Kings Murther and then his Brothers neither was he capable of so mean a thought as to receive any allay to the last by the Dignity and Fortune which thereby descended on him The Friendship betwixt them had continued to the end sacred and inviolated and as the Elder transmitted not only his Estate and Honour but left also his personal Estate Jewels Plate and Pictures which were of great value to his Brother giving only Portions to his Daughters trusting even the Writings for these to his Brother to lessen them as he found the Estate might bear it so the Younger judged himself bound in Honour and Gratitude to return such of those as were still in his power many of them having been either disposed of for defraying his necessary Expence in that troublesome Time or lost in the Invasion of Scotland again to his Brothers Daughter whereby he prosecuted his Brothers first Design who had provided the Honour and Fortune to descend on his own Daughters if his Brother had no Sons And so much did he honour his Brothers Memory that Injuries done himself raised not such irreconcilable Resentments in him as those had been done his Brother neither was any Address so welcome to him as that which came with a respective Remembrance of his Brother and he entailed his Friendship for him on his Daughters who have desired me to acknowledge to the World that in him they met with the tenderness of a Father the kindness of a Friend and every thing that was generously noble and obliging And so desirous was he to have his Neece enjoy her Fathers Estate and Dignity His care of his Brothers Daughters that at his going to England he professed he was glad he had no Sons to lie in her way to it adding that if he had fourty Sons he rather wished it to her than he could do to any of them And for proof of this though many Evidences might be given yet I shall only add one Letter he wrote to her and the Orders he gave to all that depended on him discovered it to be no Complement for it was as really performed as it was generously offered Dear Neece AMongst all my just Afflictions there is none lies so heavy upon me as that I am still made incapable of paying that Duty to you which I owe you It is the greatest Debt I owe on Earth and which would most joy me to pay as well from Inclination as from Nature and Obligations but all Happiness being denied me I cannot hope for that which would be the greatest Before this I hope you are settled in Hamilton where you have as is most just the same Power your Father had and I beseech you to dispose as absolutely upon every thing that is there All I have interest in so long as they will acknowledge me will obey you and I shall earnestly beg that if there be any failings either from persons or in providing what you shall think fit to call for which that Fortune can procure to advertise me thereof and if it be not helped so my Fortune can do it let me be as infamous as I am unfortunate I will trouble you no longer but pray the Lord to bless you with Comfort and Health Dear Neece Your real Servant HAMILTON Campheer the 10th of June 1649. As for those Princes whom he served His Duty to the King he had even as much Justice from Fame as his heart could wish since none did ever fasten any ill Characters on him in that particular except that little which was done at Oxford But he who of all living knew his Brother best acknowledged that in this he had the better of him only by Fame and that the longer he lived he discerned the more wisdom in his Designs and honesty in all his Counsels but that which made the difference was that his Temper was more forward and he often spoke out those Resentments which his Brother either had not with so much Passion or chused to bury
wholly submit my self falling down before the Throne of his Mercy who is both the just Inflicter of Death upon us and the merciful Saviour of us in it and from it who is the fountain of Eternal Life and in whom there is no shadow of Death Thou O my Saviour who knows what it is to die with me as a man make me to know what it is to pass through Death to Life with thee my God make me content to leave the World 's Nothing that I may come really to enjoy All in Thee who hast made Christ to me in Life gain and trusting only in his Merits and Mediation will in Death be advantage Charge me not O Lord with the Sins of my Parents nor with the multitude and hainousness of my Transgressions which I acknowledge before thee Remember thy Compassions of old and thy Loving kindness which have been for many Generations Be merciful unto me O Lord for my Soul trusteth in thee though thou shouldest kill me yet will I trust in thy Mercy and my Saviour's Merits for I know that my Redeemer liveth though thou leadest me through the valley and shadow of Death yet shall I fear none Evil falling into the Arms of thy tender and Eternal Mercies O withdraw not thy Favour from me which is better than Life be not far from me for I know not how near Death is to me Lord let thy Servant depart in peace for mine eyes have seen thy Salvation My Body I bequeath to the Grave and desire to have it buried in the ordinary Burial-place of my Ancestors at Hamilton and that no Ceremony nor Pomp at all be used at the interring of my sinful Carcase which hath so much offended and dishonoured God yet through Faith I hope it shall be sprinkled with the precious Bloud of Iesus Christ and being re-united with my Soul shall together rise in Glory reconciled with the Father to enjoy Eternal Happiness with him in Heaven After this follow the Particulars of the Will which he concludes in the following Words And now O Lord pity me in my low Condition and bring me out of my Troubles though the number of my Enemies be great yet thou canst disappoint their Counsels keep them Lord from prevailing and turn them back that persecute my Soul If it be thy Will O Lord restore me to my Country that there in peace I may finish the course of my Pilgrimage in thy fear and live loyal and obedient to my Gracious King Charles the Second and faithful and dutiful to my Country and as I trust that through the Merits and Mediation of Iesus Christ An. 1652. thou hast forgiven all the errors of my Life so I beg and hope thou wilt save me from the terrors of Death Let not O Lord at that last hour my Soul be desolate and forsaken let not those saving Truths I have formerly learned then fail my Memory nor the sweet effusions of thy Spirit which I have sometimes felt then be wanting to my Heart be with me at that time O Lord in a special manner and send the blessed Comforter to assure me of Salvation that I may die with Ioy and leave this World with Contentment since I shall be confident of the Remission of my sins through Christ Iesus and of my going to that place of eternal Happiness which thou hast prepared for all them that fear thee in Christ to which place bring me for his sake to whom with thee and the blessed Spirit of Grace be all Honour Praise and Glory for ever and ever Amen Written by my self at the Hague in Holland the 21th of March 1650. HAMILTON To which shall be added a Letter that was Sealed up with his Will to his Lady Dear Heart ALthough a very short stay in this place may possibly endanger my Life yet seeing these may chance to be the last words you are ever to receive from me no hazard shall keep me from letting you know how sensible I am of the great Love and Kindness you have always had for me for which the Lord reward you unto whose Protection I leave you and as I do recommend you to God who will be near unto all that call upon him and fulfil the desires of them that fear him and preserve all them that love him so I do recommend you unto your self that you would labour to serve fear and love the Lord God and set him before your eyes in all your ways Continue as I have often been a witness to your daily practice in reading the Word of God which will be a Lamp unto your feet and Light unto your paths Look not with prejudice upon any of the Messengers of his Word but reverence them for their Message sake be not too confident of your own Opinions but examine them by the Touchstone of Gods Word and refuse not to hear the admonition of his Servants Repine not at Gods ways or dispensations to you but be patient in Affliction that you may say with David I held my tongue I opened not my mouth because thou didst it For you may have this Comfort that whom God loves he Chastens and really if God had not said it man would hardly believe that Affliction cometh from his Love But if we admit his Truth and consider Experience we shall find that he often afflicteth them most whom he loveth most and who most love him As for those whose eyes stand out with fatness and have more than their hearts can wish he setteth them on slippery places and feeds them as Oxen to the Slaughter He is nearer to us in Affliction than in Prosperity and weare nearer unto him it is his menage to bring us home from our Wandrings at least I have lookt upon it so as to my self which makes me thus desire you may so receive his Visitations Be frequent in Prayer limit not the Spirit in you to the conceptions of other men shun all vain and idle Company and Conversation and pray to the Lord to set a watch before your mouth and to keep the door of your lips Forget and hate the empty pleasures of a licentious Court or of London and with David pray Turn away my eyes from beholding vanity An. 1651. and quicken thou me in thy way Be not hasty nor passionate keep not anger in your heart against any have Charity for all men even for them whom you may look upon as your Enemies and study still rather to put the best than worst construction upon the Actions of any Examine your self every night what good you have done the preceding day and remember still that you are one day nearer that in which you must give an account to God of all your Actions on whose Mercy to you let your earliest and latest thoughts be always fixt Sweet Heart much more I would say but you know I am pressed by time but seek to God and in him you will find all things The next Duty I shall recommend to
you is that which you must pay your King I know you need no Incitements to this Duty else I would insist longer upon it but I conceive it mine to recommend it to you as the Earthly thing which in the first place you ought to study Next unto that prefer your Duty to the preservation of the House of Hamilton to all things else in this World and make no difference in the testimonies of your kindness to it whether the Lord shall think fit to continue the memory of that House in your own or my dear Brothers Issue And I do conjure you if you have any respect to my desires not to suffer any difference or mistakes to arise betwixt you and them but remember him who prefer'd me to them and what consequently my Duty and yours is to his Next I recommend to you the care of the Education of our Children for the Lords sake study to get them acquainted with God in their young years and to imprint his fear in their tender hearts keep all light and idle company from them and labour to make them rich in Piety and Vertue Loyal to their King and dutiful to the House of Hamilton As I hope all my Friends and Kindred will be dutiful to you so I intreat you for my sake continue your respects and kindness to them Be careful to keep none but pious and discreet Servants in your Family that the Lord being served and worshipped in it according to his Will may delight to dwell in it and to bless every member of it And now Sweet Heart seeing you know that these divers years my Life hath been a burden to me receive my Removal as a Mercy from God with that moderation which he commandeth and the hope of a Ioyful meeting in our Resurrection perswadeth being confident that the Lord hath placed me in Eternal Happiness with himself in Heaven where he hath already laid up some pieces of my self little James and Diana The Lord who hath wounded you bind up your sores and pour the Balm of Gilead in your Heart even the Comforts of the Holy Spirit in the assurance of the Remission of your sins and peace with him in Iesus Christ that his Grace in you may shine to the World in a godly and vertuous Life which having finished in his fear you may hereafter enter with him into that Glory which I trust in the Mercies and Mediation of Iesus Christ my Redeemer I shall be shareing of when you shall be reading these last words and expressions from Dear Heart Your HAMILTON THe Dispositions which you made to me of your Lands in England I do here again return to you to be disposed upon by you as you shall think fit being confident that you will not wrong the House of Hamilton or your Children in the Disposal thereof The Conclusion I shall conclude this Work with these Papers which though some nice Palats may think not so fit for the Publick and better for private Closets than the World yet I could not be of that opinion for in an Age in which the sense of Piety and Religion is so much decayed I thought such testimonies to the Power of it were not to be suppressed by which it will appear that a high-spirited and Great Person who had tasted of all the Follies that bewitch the greatest part of men did in end in the vigour of his Years and Spirits abandon them with all the seriousness of a hearty and lively Repentance and found in God and true Religion such solid satisfaction and joy as did wholly overcome him and engage him into a course of strict Piety and of a holy Life I wish this may work some effect upon a loose and debauched Generation and if the World becomes either better or wiser through my pains I have gained my chief end and design in this Work THE END THE CONTENTS Lib. I. Of what happened from his Fathers Death till the Year 1638. Anno 1625. THe Marquis of Hamilton dies Pag. 1. His Son succeeds him ibid. His Father's Character ibid. King James dies p. 2. An. 1626. The Marquis goes into Scotland ibid. The King writes to him p. 3. and invites him to Court ibid. but he lives retired ibid. The Earl of Denbigh goes for him p. 4. An. 1628. He comes to Court ibid. His Preferments there ibid. The State of Germany ibid. An. 1629. The Q. of Bohemia writes to him p. 5. The K. of Sweden desires a League with the King ibid. Who appoints the Marquis to treat with him p. 6. The Marq. sends Coll. Hamilton ibid. and David Ramsay to the King of Sweden ibid. An. 1630. Articles signed by the K. of Sweden p. 7. The Prince of Wales is born p. 8. The Marq. made Knight of the Garter ib. Articles with the K. of Sweden signed by the Marq. p. 9. Ramsay deals with the Lord Reay p. 10. and Negotiates with the States of Holland ibid. Farensbach's Treachery ibid. The K. of Swed presses the Marq. to come to Germany ibid. And desires a League with the King p. 11. An. 1631. Reay accuses Ramsay ibid. And L. Ochiltree accuses the Marq. ib. The Marq. Innocence appears p. 12. L. Weston is his Enemy ibid. But the K. will receive no ill Impressions of him ibid. And makes him lye in his Bed-chamber that night p. 13. Ochiltreeis tried and punished for his false Accusation ibid. Reay and Ramsay desire to fight p. 14. The Kings Letter about that matter ib. The Marq. sails to Germany p. 15. And goes through the Soundt ibid. The King writes to him ibid. He lands in Germany with 6000 men which did the K. of Sweden great Service p. 16. The Marq. goes to the K. of Sweden ib. The K. of Sw. sends him to guard some Passes on the Oder ibid. The Plague breaks in upon his Army ib. He relieves Crossen p. 17. And takes Guben ibid. He is called to besiege Magdeburg ib. Sir H. Vane Ambassadour to the King of Sweden p. 18. The King's Letters to the Marq. ibid. The Marq. goes to the K. of Swed p. 19. Magdeburg is brought to a Parly ib. but is relieved by Papenheim p. 20. who draws out the Garrison and leaves it ibid. Two Letters of the King 's to the Marq. p. 20 21. An. 1632. The K. of Swed proposes unreasonable terms to the King p. 21. The Marq. Army comes to nothing ibid. The K. of Sw. will not give him a new Commission p. 22. The King writes to him about a new Imployment for him p. 23. The Treaty between the King and the K. of Sweden breaks up ibid. The passion of the K. of Swden p. 24. The Marq. returns to England upon the King's Commands ibid. The K. of Sweden's Death p. 25. An. 1633. The King is Crowned in Scotland ibid. The King assigns a Taxation to the Marq. for repaying the expence of his Army p. 26. Lib. 2. Of what passed when he was the Kings Commissioner in Scotland in
the Frith ibid. The Marq. puts his Souldiers aboard ibid. Some alterations in the Proclamation p. 122. The King orders the Marq. not to go to the North p. 123. The Marq. sails into the Frith p. 124. He sends the Kings Proclamation to Edinburgh ibid. The Covenanters write to him p. 125. To which he answers p. 126. Some come and treat with him p. 127. The Kings Advices to him ibid. A Proposition about the Ferries in Scotland p. 128. The Earl of Rothes writes sharply to the Marq. p. 129. The Marq. Answers him p. 130. The Marq. sends some proposals for a Treaty to the King p. 131. Which the K. is pleased with ibid. The state of the Covenanters Forces p. 132. The K. sends for two Regiments from the Marq. p. 133. A Conference between the Marq and some Covenanters ibid. The K. sends some Lords to the Marq. p. 135. And the Viscount of Aboyn p. 136. The K. is willing to enter on a Treaty p. 137. And is well satisfied with the Marq. ibid. Some on the Borders gained to the Kings Party p. 138. The K. Orders the Marq. to proceed to Hostilities ibid. Who sets about it ibid. But gets new Orders and goes to Court p. 139. A Treaty is begun p. 140. and concluded p. 141. The Kings Declaration ibid. The Articles of the Treaty p. 142. It is variously censured p. 143. And not like to take effect ibid. The Castles are delivered to the K. p. 144. The Marq. offers advice to the K. p. 145. The King thinks to send him again Commissioner ibid. But he gives many reasons against it p. 146. Traquair is made Commissioner p. 148. The K. writes for many Covenanters ibid. Some only come ibid. The Kings Order to the Marq. about them ibid. Montrose is gained by the King p. 149. Traquair's Instructions ibid. Lib. 3. Of what passed after he laid down his Commission till July 1642. THe Marq. retires from Publick Affairs p. 153. Traquair goes to Scotland ibid. The King writes to the Scotish Bishops p. 154. Their Declinatour of the Assembly p. 155. The Assembly sits and are very high p. 156. The King sends further directions to Traquair ibid. A new explanation of the Covenant p. 157. Traquair signs the Covenant p. 158. The King is much displeased with him ibid. Tâ—e Parliament sits p. 159. But is Prorogued ibid. The Covenanters send up their Complaint to the King p. 160. Whom Traquair incites to a War ibid. The Earl of Lowdon put in the Tower ibid. and the reason of it p. 161. A new War resolved on ibid. An. 1640. The Covenanters preparations p. 162. Lanerick is made Secretary of State ibid. Lindsay writes to the Marq. to prevent a War ibid. The Marq. answers him by the King's Orders p. 163. The Grounds of the Covenanters confidence p. 165. A short Parl. in England p. 166. The Privy Councellours lend money ibid. And so does the Marquis ibid. The Parl. in Scotland sits without any Commissioner from the King ibid. And send up their Acts to the K. p. 167. With which the King is much offended p. 168. A Memorial of Lowdon's p. 169. An Agreement between the Marq. and him in two Papers p. 170 171. He is set at Liberty ibid. Lanerick writes by him in the King's name to the Committee in Scotland ibid. Their Answer to that Letter p. 172. The Scots Complaints p. 173. They come into England ibid. The K. declares them Traitors ibid. They beat the Kings Forces at Newburn ibid. And pass Tine and take Newcastle p. 174. They write again to Lanerick ibid. And send a Petition to the K. p. 175. The K. answers it p. 176. They send another Letter p. 177. The K. appoints a Treaty p. 178. The Marq. presses a Pacification ibid. A breach between the Marq. and Montrose p. 179. The Treaty begins at Rippon p. 180. and is carried on at London ibid. The Kings Answer to the Remonstrance of the Two Houses ibid. An. 1641. The King yields to the demands of the Covenanters p. 181 The E. of Strafford writes to the Marq. p. 182 Many complain of the Marq. p. 183 The E. of Rothes dies p. 184. The Parl. proceeds against Incendiaries ibid. Montrose is put in Prison ibid. The K. goes to Scotland ibid. The Members of Parl. there subscribe the Covenant p. 185. The Marq. is vindicated by Act of Parl. from the Calumnies some did cast on him ibid. But the K. grows jealous of him ibid. An account of the Incident p. 186. He again recovers the Kings favour ib. The Rebellion in Ireland p. 187. The Marq. Friendships designed for the Kings Service ibid. The K. returns to London ibid. Some design to impeach the Marq. in England ibid. But that is prevented p. 188. An. 1642. The Scotish Commissioners stickle in England against Episcopacy ibid. The King is offended with them for it p. 189. And requires them to do so no more ibid. He writes about it to Lowdon and Argyle ibid. The Scotish Army is sent to Ireland p. 191. The Marquis's sickness p. 192. The Treaty between Scotland and England ibid. New Calumnies on the Marquis ibid. But he clears himself p. 193. The K. thinks of going to Ireland ibid. The Marq. waits on the King p. 194. And is sent by him to Scotland ibid. Lib. 4. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment IN Scotland they favour the Two Houses p. 195. The Marq. sends the K. an account of it p. 196. An Assembly in Scotland ibid. They declare against Episcopacy ibid. Motions for a meeting of the Conservators of the Peace p. 197. The K. writes about Vniformity in Religion ibid. The Scots keep a Resident at London ibid. Mr. Murray's Letter about the Affairs of Scotland p. 198. Lanerick's Letter about Affairs in England p. 199. The Marq. studies to gain many to the King p. 200. The Kings Letter to the Conservators ibid. They incline to serve the K. p. 201. And to invite the Queen back ibid. But the K. did not approve of it p. 202. Yet is sensible of the Marq. fidelity ibid. The Earl of Louthian is sent to France ibid. An Extraordinary Letter of the Kings to the Marquis p. 203. The Marquis and Argyle at Enmity p. 204. Great debates in the Council ibid. The King has a great sense of the Marq. Services p. 205. An. 1643. Many Petitions come in to favour the Two Houses p. 206. The Cross Petition ibid. It is condemned by the Ministers p. 209. Commissioners are sent to Treat between the King and the Two Houses ibid. The King rejects their Mediation p. 210. And answers the desires of the Ministers ibid. A Petition against the Annuities p. 211. signed by many ibid. Montrose proposes to the Queen to begin a War in Scotland p. 212. The Marq. opposes it ibid. The Kings Answer about the Mediation of the Scotish Commissioners p. 213. They are called home p. 215. The Marq. writes
asked why His Majesty had called him the King said to be a Witness of what was done and because he had been before acquainted with the proceedings of that business he was also to be informed of what passed thereafter Then the Marquis desired to know what the Bishops expected he could doe they answered nothing but procure the Peace of the Country and good of the Church he desired they would contribute their assistance for reclaiming the Ministery who were once conformable and for the Ministers that were censured but were now stirring he should deal with them They answered their power was small at that time and their danger great and so inclined to stay still at London but that was overruled the Marquis undertaking that so far as in him lay he should stand betwixt them and danger The Archbishop of Canterbury said much and well on this head so it was agreed that they should go home Next the King expressed how necessary he conceived it was that every one of them should live in their own Diocese Canterbury seconded this and the Bishops acknowledged it was the best way Much was said concerning General Assemblies and that Ecclesiastical matters ought to have been introduced by them and the Marquis was ordered to give assurance that in all time coming nothing substantial should be introduced in the Church but by them Much debate passed about the Oath of admission of Ministers and it was concluded it should be no other than what was warranted by the Law and the Bishops were required to be sparing and moderate for the present both in urging that and the Ceremonies All this His Majesty concluded with his wishes for good success adding that the Marquis had been so far from seeking this Imployment that he had commanded him much against his will to undertakâ— the journey This was in the beginning of May and upon the 7th of May Letters were directed to Scotland giving notice of the Resolutions taken to the Nobility the Marquis wrote also to all his Friends and Dependers to meet him at Hadington the 5th of Iune The next thing that was taken into consideration was the drawing up of his Instructions A Commission in the ordinary form being first drawn there were two Proclamations signed by the King both which are extant the one written with the Earl of Traquair's hand the other by the Marquis the first whereof follows CHARLES R. CHARLES by the Grace of God King of Scotland England The Proclamation sent by the Marquis France and Ireland Defender of the Faith to our Lovits our Sheriffs in that part conjunctly and severally specially constitute Greeting Forsamiekle as We are not ignorant of the great Disorders which have happened of late within this Our ancient Kingdom of Scotland occasioned as is pretended upon the introduction of the Service-book Book of Canons and High Commission thereby fearing Innovations of Religion and Laws for satisfaction of which Fears We well hoped that the two Proclamations of the eleventh of December and nineteenth of February had been abundantly sufficient nevertheless finding that Disorders have daily so increased that a powerful rather than a persuasive way might have been justly expected from Vs yet We out of Our innate Indulgence to Our People grieving to see them run themselves so headlong into Ruine are graciously pleased to try if by a fair way We can reclaim them from their faults rather than let them perish in the same And therefore once for all We have thought fit to declare and hereby to assure all Our good People that We neither are were nor by the Grace of God ever shall be stained with Popish Superstition but by the contrary are resolved to maintain the true Protestant Christian Religion already professed within this Our ancient Kingdom And for further clearing of Scruples We do hereby assure all men that We will neither now nor hereafter press the practice of the aforesaid Canons and Service-book or any thing of that nature but in such a fair and legal way as shall satisfie all Our loving Subjects that We neither intend Innovation in Religion or Laws and for the High Commission We shall so rectifie it with the help of advice of Our Privy Council that it shall never impugn the Laws nor be a just Grievance to Our Loyal Subjects And as hereby it may appear how careful We are to satisfie the foresaid Fears how needless soever of Our good Subjects * So We do hold Our Selves obliged both in Conscience and Honour to hinder the course of that which may prejudge that Royal Authority which God has endued Vs with wherefore understanding that many of Our Subjects have run themselves into seditious and undutiful courses and willing to reduce them rather by a benign than forcible mean because We hope that most of them are drawn thereto blindly out of fear of Innovations are content hereby to declare and promise upon the Word of a King to pardon what is past and not to take notice of the by-gone faults no not so much as of those factious and seditious Bonds upon condition that they seek to Our Mercy by disclaiming the same and in testification of the true sense of their Misdemeanors that they deliver up or continuâ— with their best endeavours to procure the delivering up of the said Bonds into the hands of Our Council or such as Our Council shall appoint Declaring always likeas We by these presents do declare all these to be esteemed and reputed as Traitors in all time coming that shall not renounce and disclaim the said Bond or Bonds within after the publication hereof that is to say Whosoever will from henceforth be thought a good Subject and capable of Our Mercy must either deliver up the same in case he have it or concur with his best endeavours to the delâ—vering up thereof or at least must come to some of Our Privy Council or chief Officers in Burgh or Land and testifie to him that he renounces and disclaims the said Bonds Our Will is therefore and We charge you straitly and command that incontinent this Our Letteâ— seen c. C. R. The other Proclamation penned by the Marquis agrees with the former to the place that is marked * after which it follows thus Another Proclamation So We expect that their behaviour will be such as may give testimony of their Obedience and how sensible they are of Our Grace and Favour that thus pass over their Misdemeanours and by their future carriage make appear it was onely the fear of Innovations that caused those Disorders that have happened of late in this Our Kingdom which now cannot but by this Our Declaration be removed from the hearts of Our loving Subjects but on the contrary if we find not this performed with that chearfulness and alacrity that becomes good and obedient Subjects We declare and hold Our Self obliged in Honour and Conscience to make use of those forcible means which God hath armed Royal Authority with