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
impropâ—r person to be imployed for drawing those sinistrous Jealousies out of the Subjects minds But His Majesty confiding as well in the Marquis his Abilities as trusting to his Fidelity was resolved on the Choice and did first communicate it to himself he told His Majesty That Life and Fortune and all he had he would never stick to hazard for his Service but this Imployment was full of danger the success of it was at least dubious and he was very much a stranger to Scotish Men and Affairs and he could not but foresee how it should endanger his losing what next his Salvation he valued most which was His Majesties Favour however he was absolutely at His Majesties disposal My Lord Lorn eldest Son to the Earl of Argyle and after him Earl Traquair and divers of the Nobility came to Court at this time who were also followed by some of the Clergy The Covenanters made likewise a new Address to the Scotish Lords at Court full of Complaints of the harsh usage they had met with from the Council together with their Grievances which Paper with their Letter dated the 28th of April is extant Signed Rothes Cassils and Montrose consisting of Eight Articles ARTICLES for the present Peace of the Kirk and and Kingdom of Scotland IF the Question were about such matters as did come within the compass of our own power we would be ashamed to be importunate and should be very easily satisfied without the smallest trouble to any but considering thaâ— they are the matters of Gods honour of the Kingdom of Christ and the peace of our Souls against the Mystery of Iniquity which we clearly perceive to have been uncessantly working in this Land since the Reformation to the ruine of true Religion in the end it cannot stand with our duty to God to our King to our Selves and Posterity to crave or be content with less than that which the Word of God and our Confession of Faith doth allow and which may against our Fears establish Religion afterwards The discharging of the Service-Book the Book of Canons and of the late High Commission may be a part of the satisfaction of our humble Supplications and just Complaints which therefore we still humbly desire but that can neither be a perfect Cure of our present Evils nor can it be a Preservative in time to come When it is considered what have been the Troubles and Fears of His Majesties most loyal Subjects from the High Commission what is the nature and constitution of that Iudicatory how prejudicial it proves to the lawful Iudicatories of the Kirk and Kingdom how far it endangers the Consciences Liberties Estates and Persons of all the Lieges and how easily and far more contentedly all the Subjects may be keeped in order and obedience to His Majesties just Laws without any terrour of that kind we look that His Majesties Subjects who have been used to obey according to the Laws shall be altogether delivered from the High Commission as from a yoke and burden which they feel and fear to be more heavy than they shall be ever able to bear Remembring by what wayes the Articles of Perth were introduced how strangely and with what opposition they were carried in the Assembly upon what Narrative they were concluded how the Ratification in Parliament was not desired by the Kirk but earnestly supplicated and protested against how they have been introductory of the Service-Book whereof now they are become Members and in their nature make way for Popery whatsoever hath been the intentions of the Vrgers and withall what Troubles and Divisions they have caused these twenty years in this Kirk and Kingdom and what Iealousies between the Kings Majesty and His Subjects without any Spiritual profit or edification at all as we can see no reason why they should be urged by Authority so can we not find but we shall be more unable to digest them than in the beginning when we had not as yet tasted and known how bitter and unwholsome they were The Iudgements of the best Divines of the Reformed Kirks and of the most Pious and Learned of this Kirk since the Reformation concerning the Civil Places and Offices of Kirkmen and concerning the Vote of Ministers in Parliament have been made known in divers general Assemblies which moved the Assemblies of this Kirk when they could not by their modest opposition prevail to limit the Ministers that were to Vote in Parliament by any particular Cautions agreed upon at first and ordained to be inserted in the Act of Parliament and by other Cautions to be made afterward as tâ—e Assembly should find meet and necessary and therefore if we will declare our minds after lamentable experiences of the Evils which were then foreseen feared and foretold we cannot see how Ministers voting in Parliament absolutely without the limitation of these Cautions can be thought fit to Vote in the name of the Kirk We have no Grievance more universal more ordinary and more pressing than that worthy men who have Testimonies of their Learning from Vniversities and are tried by the Presbyteries to be qualified for the Work of the Ministery and for their Life and Gifts earnestly desired by the whole People are notwithstanding rejected because tâ—ey cannot be perswaded to Subscribe and Swear such unlawful Articles and Oaths as have neither warrant of the Acts of the Kirk nor Laws of the Kingdom and others of less worth and ready to Swear for base respects unworthy to be mentioned are obtruded upon the People and admitted to the most eminent Places of the Kirk and Schools of Divinity which causes continual Complaints makes the People run from their own Kirks refuse to receive the Sacrament at the hands of the Ministers set over them against their hearts or to render them that Honour which is due from the People to their Pastors and is a mighty hindrance to the Gospel to the Souls of the People and to the Peace of the whole Kirk and Kingdom all which might be easily helped by giving place to the 114 Act of Parliament 1592. declaring That God hath given to the Spiritual Office-bearers of the Kirk Collation and Deprivation of Ministers and ordaining that all Presentations to Benefices be directed to particular Presbyteries in all time coming with full power to give Collation thereupon they being the lawful Office-bearers of the Kirk to whom God hath giâ—en that right which therefore never was nor can be taken from them and so conferred upon others at that they shall be quite secluded therefrom The lawful and free National Assemblies of this Kirk warranted by Divine Authority ratified by Acts of Parliament keeped in other Reformed Kirks and in this Kirk since the Reformation and acknowledged by King James to be the most necessary means for preservation of Piety and Vnion and for extermination of Heresie and Schism who willed therefore that the Act of Parliament for convening the General Assemblies once in the year should stand
inclinations over England should prove too hard for them but Mr. Marshall Great Disorders in England who was sent back from the English Commissioners in Scotland comforted them the best he could giving them all assurance that the Designs there would meet with vigorous Opposition wherefore it was moved that some of the Forces might be presently sent down before the Army were drawn together who might hope for good Assistance in Scotland But he also told them that nothing would be so likely to divide them in Scotland as to declare for the Covenant and the Propositions sent to Newcastle and indeed this was much dreaded by the Duke and his Friends since there was nothing so popular in Scotland as that the Parliament and Army of England had fallen from the Covenant but they resolved though that were granted to accept of no Treaty till the Army were presently disbanded for which the former Years Transactions did furnish them with very good reasons Mr. Marshall did what he could to reconcile the Presbyterians and Independents in London and that they might not fall out about Religion it was Voted that the Kingdom should be first settled before Religion was fallen upon The City of London was generally well-affected to the Scotish Design though some studied to alienâ—te them from it by telling them that those in Scotland were in Correspondence with the Cavaliers in England The City was inconstant and the Citizens feared the Armies falling on them to plunder them so that they were easily over-awed and at that time the Agitators of the Army were upon the Fining of the City in a Million of English Mony A general Answer was returned to the Scotish Demands by the day they had prefixed with the Promise of a more particular one to follow shortly which was looked on as a Design to shift them off by Delays At this time the Two Houses were much lifted up with a Defeat given to Langhorn in Wales which was represented to be greater than indeed it was But to allay their Joy there came in Petitions from many Counties of England for a Personal Treaty with the King and for being disburdened of the Army one came from Essex which was subscribed by twenty four thousand Hands and eight thousand men came out of Surrey with their Petition upon whom the Souldiers fell barbarously and killed about Twenty of them wounding above an Hundred Next the Kentish men rose in a formidable number but it was more terrible that the Navy was staggering and many of the Captains of the Ships declared against their Proceedings This was sad News for London by reason of their Trade which was like to be blockt up And now Cromwel to please the City of London drew the Forces out of it and left the Militia of London in their own Hands only he got Skippon who was of their own Cabal made Major-General of their Trained Bands and there was no small Disorder in the Army the Agitators being for the most part Levellers and against Cromwel as was by some supposed With all this Tragical visage of things they at Wâ—stminster were not a little mortified A Fast at Westminster so they appointed a Day of Humiliation and when they were naming the reasons for the Fast one of the Members had a singular opinion that notwithstanding the Self-denying Ordinance they had past yet they had ingrossed all Places of Power and Profit to themselves by which Juggling God was mocked wherefore he moved that they might devest themselves of these but the rest were not of his mind And if three Sermons and a great many long Prayers would reconcile God to them they would be at the cost but were resolved to quit none of their Power nor Places All these Tumults in England as they had hindered the Two Houses from sending down their Forces to Scotland so they called aloud for hasty Relief from the Scotish Army which from all places was called for But the Oppositition the Clergy and their Party made had so fore-slowed their Levies that they could not overtake this fair opportunity but were forced to leave the poor People in England to be knockt down by the insulting Army The Parliament of Scotland re-assembled in Iune The Parliament adjourns and after few days Sitting and the emitting of new Declarations both for Scotland and England but of a milder strain than their former of April had been being now weary of their hopeless courting of the Clergy they adjourned for Two Years having chosen a Committee of Estates sure to their Designs and they were drawing their Army together with all possible diligence But the great matter now debated in Scotland was A present March is disswaded by some whether they should first make all sure at home or leave things in that disordered posture and make haste into England Lanerick was for taking order with the Opposite Party and the Lords that headed them before they stirred out of Scotland lest otherwise assoon as they were gone the Ministers might blow up the People into Sedition which would either force them to send back a part of their Army for curbing them or lose Scotland totally by their Tumults while their Army should be strugling with an uncertainty in England Besides they were neither well-furnished with Arms Ammunition nor Mony but had good Assurances of large Supplies from the Queen and Prince by Sir William Fleeming and the Prince though much disswaded by these who were both Enemies to the Scotish Nation in General and the Duke in particular continued still firm to his first Resolutions of going to them when all things were brought to that Posture that it were fit for him to hazard himself amongst them and therefore in the middle of Iune Sir William Fleeming was dispatched again from his Highness to Scotland with the following Letter directed For the Lord Duke Hamilton and the Earls of Lindsay Roxburgh Lauderdale Lanerick and Calender My Lords YOu will receive by Sir William Fleeming who is amply instructed the full account of My Intentions and he is not more particularly charged with any thing than to let you know the sense I have of Your Affections yet I thought fit to reserve unto My Self the assuring you that as I conceive I am not capable of being more obliged than I have been by you so I shall be most exactly just in the discharge of my Acknowledgments when it shall please God to make My Condition fit for it In the mean time I have nothing to say but to desire you to be intirely confident of it and that I am most truly My Lords Your Affectionate Friend CHARLES P. Sir William Bellandin met with more Opposition in Holland for Judgments were passed on the Scotish Proceedings from their Declarations and all he could say was not able to take off those Impressions so that no good was expected from Scotland The States of Holland had no great inclination to the Kings Party and the Prince of Orange
negarunt But I go on from this sad subject to the tragical Conclusion of the Duke's Life The News of that Murder sunk the Duke's thoughts into a deep Sorrow which he carried with him to his Grave he well saw his own Danger knowing that those who had broken all the bonds of Loyalty and Duty were not to tie themselves to the faith of a Capitulation or Articles though granted by a person impowered by them and therefore he designed an Escape from Windsor that night which was contrived by his faithful Servant Mr. Cole afterwards one of the Kings Quirries who during his imprisonment had liberty to go and return from London which he did very frequently bringing him an account of what passed And the Duke having gained his Keeper ordered Mr. Cole to send a trusty Servant with two Horses to Windsor which accordingly he did advertising the Duke not to come to the City till seven a Clock in the Morning and then Mr. Cole was to come to him near London and bring him to some secure House in the City whereupon at night about the time of shutting the Gates The Duke makes an Escape from Windsor the Duke made his Escape freely out of the Castle without suspicion and came to the Place appointed where his Servant and Horses waited for him But he fatally went from the Resolutions he had laid down with Mr. Cole and would needs go in the night to Southwark thinking to have got to Mr. Owen's House who was acquainted with the business not considering what had been told him of the Guards were about the City all the night so that there was no coming to it but in the day and all things concurring to hasten him to his Grave there was that night a Party of Horse and Foot in Southwark searching for Sir Lewis Dyves and another who had escaped the night before but is re-taken in Southwark Some of them meeting the Duke in the Streets about four in the morning where he had long knocked at a door took him and examined him he told them a very formal Story of himself and his business which at first satisfied them but they observed that as he took a pipe of Tobacco by them he burned several great Papers to fire it whereupon they searched him and found such Papers about him as discovered him It was not before the next morning that he was missed at Windsor for that night he made his Escape there came an Order from Cromwel to the Governour of Windsor to make him close Prisoner and put all his Servants from him who thereupon ordered the Captain of the Guard to go about it but he hearing the Duke was a-bed delayed it till next morning and then found he was gone It being discovered that Mr. Cole had ordered the Duk 's Escape many advised him to go out of the way but he resolved rather to die than to leave his Master at such a time and made a shift to come at him that same evening When the Duke saw him he lifted up his hands and said It was Gods will it should be thus That night Mr. Cole was also taken and Sir Hardress Waller examined him but drew nothing from him whereupon he was made close Prisoner yet when the Duke was brought to his Trial he procured his Liberty for the Averment of some particulars of his Plea The Duke being thus unfortunately retaken he was committed to Prison at St. Iames's and is kept in St. Iames's in the same Room where the Earl of Norwich the Lord Capel and Sir Iohn Owen were Prisoners and then all saw in what danger his Life was whereupon great endeavours were used and strong applications made in Scotland to the Marquis of Argyle who had then the chief Powâ—r there that the Committee of Estates would so far study his Preservation as to own that what he did was by the Authority of that Kingdom that so whatever other Punishment they would lay on him his Life might not go for it And it had been faithfully promised by all the Leaders of that Party at the Pacification at Sterlin either to save his Life or to make his Death a National Quarrel But the Marquis of Argyle would not interpose These who had the power in Scotland refuse to move for him and though the Dukes Daughter the present Dutchess of Hamilton left no means unessayed to prevail on him yet all was in vain for he pretended that since those in England had murdered their King notwithstanding their Commissioners protesting against it it was not to be expected their interposition in other things could be of any weight nor was it fit they should any more address to the Murderers of their Soveraign So all hopes of any Mediation that way failed and not only that but Lambert being prevailed on by the offer of a good Sum to claim the Duke as his Prisoner some Letters came from Scotland about it upon which Lambert was advised not to insist on that Demand This was vouched to the Writer from several hands who had it both from Lambert himself and some other considerable men in the Two Houses But now his Majesties Blood not having satisfied the Cruelty of the New Usurpers their next design was against those who had served him faithfully and therefore the Duke was brought to his Tryal and honoured to be the first of those who followed his Master in that Glorious Martyrdom The Usurpers ordained the pretended Court of Justice to proceed against him so in the 6th of February he was brought to a Tryal It will not be hard to perswade the Reader without further inquiry that those who embrued their hands in the Blood of their Soveraign thereby breaking loose from all Ties Sacred and Humane could not stand much at the effusion of meaner Blood no their Consciences were feared with their former Crime so that nothing could be so wicked but they were stout enough for attempting it yet they chose to varnish over their perfidious Cruelty with some Colours and Appearances of Justice but the Disguise was so thin that it served them to no other purpose but to add hypocrisie to their former Villany which will evidently appear from the following Tryal drawn partly from the Journal of the Court and partly from Notes of what passed taken by some Eye-witnesses Steel and Cook the Counsel for the People of England did exhibit on the 6th of February being Friday the following Charge That the Earl of Cambridge about the 19th of July last Traiterously invaded this Nation in a Hostile manner The Charge given against him and levied War to assist the King against the Kingdom and People of England and had committed Sundry Murders Outrages Rapines Wastes and Spoiles upon the said People and particularly about the 20th of August near Preston did make War joyn Battle and fight against the Forces of the Parliament and therein did murder and kill Collonel Thornley and others To this the
ambiguous yet they said the Exposition of those who Signed them was to be admitted since every man was to be the Expounder of his own words and pleaded some Precedents about the Exposition of ambiguous words But the words here were plain and not ambiguous only a treacherous Equivocation was invented to break them Cook by a strange subtilty said The Articles only secured his Life during Imprisonment so that his breaking of Prison and being retaken put an end to the Obligation of the Articles Though he broke not not Prison but went out at Door and Gate which was no Crime Thus did the Counsel of the People plead against him to the conviction of all who looked on that they thirsted for his Blood and were only seeking colours of Justice for it which yet were so slight that they could serve for no Disguise but only to abuse those who were blinded with Prejudice The Court adjourned to Tuesday being the sixth of March And then the Duke was brought to the Bar and the Judges sate in Scarlet they rejected the Dukes Plea in all its Branches The last Appearance in which Sentence was given and found him guilty of the Charge whereof he was indicted But before Sentence Bradshaw the President resumed all and spoke long for aggravating of every particular justifying every thing their Counsel had pleaded as if it had been all both good Law and good Reason then he caused read the Earl of Essex his Commission to shew how little Power was given him But spoke nothing of Fairfax or Lambert their Commissions which had been more pertinent but the reason was they were ampler and yet the Parliament had never refused to ratifie any Articles Essex gave He confessed the Dukes Articles were fuller than any others therefore he would insist the more to invalidate them He said It was true if there had been a War proclaimed and prosecuted betwixt a Forreign Nation and Enemy and England then by the Law of Nations to which their Law was consonant Articles signed by the Commissioners of both Parties should have been kept inviolable but the Prisoner was no Enemy for when the ordinary Course of Justice was obstructed by the late Kings prevailing Party so that neither Constables nor Sheriffs nor other Civil Officers could lay hold on such Delinquents as he was or bring them to Punishment the Parliament was forced to raise an Army Commissionating their Generals to bring such to condign Punishment This being the end and substance of their Commission it was not in their Power who were but the Sword of Justice in the Parliaments hand to give Articles for securing any from the Justice of the Parliament since it was never intended their Acts should limit that Power that gave bounds to them He added also that the Court was fully satisfied that the Duke was naturalized The President laid out also the Case of the other Prisoners then at the Bar and spoke many hours at last Sentence was given against them all That their Heads should be severed from their Bodies on Friday next being the ninth Instant yet it was remitted to the Parliaments Consideration what Mercy should be shewed to any of them and so the Duke was carried back The rest of that day and the next day the Duke was earnestly solicited to preserve himself by making Discoveries And Mr. Peters who appeared concerned for him during his Tryal did now insinuate himself on him to draw somewhat from him but all was in vain there being no choice to be made betwixt a Glorious Death and an Infamous Life On the Eighth of that Month it being put to the Vote of the House whether he should be Reprieved or not it was carried in the Negative The Duke prepares for Death That day the Duke spent in fitting himself for Death by Prayers and Spiritual Conferences and that he might discharge himself of all worldly Cares he wrote the following Letter to his Brother Dear Brother SInce it hath pleased God so to dispose of me and writes to his Brother that I am to be in this World but a few hours you cannot expect that I can say much to you nor indeed is it necessary for I know you will do undesired as far as is in your Power what I now briefly mention First That you will be a Father to my poor Children and that they be not forced to marry against their Wills The Debts I owe are great and some Friends are bound for them but the Estate I leave you is such as will satisfie what I owe and free my Cautioners from Ruin You are Iust and I doubt not of your performing this I cannot forget to recommend my faithful Servants to you who have never had any thing from me in particular Cole Lewis and James Hamilton I have given something to them during their Lives which I hope you will see payed to them I shall say no more but the Lord of his Mercy preserve you and give you Grace to apply your self aright to him in whom there is only fulness of Ioy. Dote not upon the World all is but vanity and vexation of spirit grieve not for what is befallen me for it is by the appointment of him that rules in Earth and Heaven thither the Lord Iesus be pleased to carry the sinful Soul of Your most loving Brother HAMILTON March 8th 1649. At night the Duke the Earl of Norwich the Lord Capel and Sir Iohn Owen were all brought to one Room where they lay all night it was very late before they went to Bed every one having his Friends to wait on him The Duke's Servants ask'd leave to stay all night in the next Room and it was granted the Duke ordered Mr. Cole to come to him about three a clock in the morning which he did but he with the rest were all fast asleep and Mr. Cole returning after half an hour found him awake He made him sit down and gave him many Directions to be carried to his Brother with an extraordinary composure as Mr. Cole vouched to the Writer About five a clock all of them were ready and spent the time very devoutly in secret Prayers and pious Conferences and other holy Exercises all of them expressing great Joy in their present Condition and absolute Submission to the Will of God The Duke expressed his more particularly in the following Letter he wrote to his Daughters My most dear Children IT hath pleased God so to dispose of me as I am immediately to part with this miserable Life for a better and to his Children so that I cannot take that care of you which I both ought and would if it had pleased my Gracious Creator to have given me longer days but his will be done and I with alacrity submit to it desiring you to do so and that above all things you apply your Hearts to seek him to fear serve and love him and then doubt not but he will be a loving Father to you
that the Duke was suffered to return to Scotland with the King But at His Majesties Landing one appointed by the Parliament to put him from the King required him to withdraw and when the King pressed the Commissioners with the Articles of their Treaty they said they could not oppose an Order of Parliament The King was much offended with this and was inclining to resent it both as an unworthy Usage and as a Breach of Treaty but the Duke told him that at that time Argyle was the person who was most able to render him considerable Service in Scotland therefore though he knew he designed nothing so much as his Ruin yet he advised His Majesty to use all possible means to gain him absolutely to his Party and to neglect himself as much as Argyle desired and not at all to seem much concerned in him adding that he knew when His Majesties Affairs were in a better posture he would not forget his faithful Servants This particular His Sacred Majesty vouchsafed to tell the Writer It was in vain for him to claim either the benefit of the Treaty at Sterlin or Breda Interest and Jealousy prevailing more with these who then ruled than any other Tie so the Duke was forced to retire to the Isle of Arran And goes to Arran where he stayed till the end of Ianuary 1651 nor could his Petitions with the Intercessions of his Friends prevail for allowing him the liberty of coming to fight for his King and Country so that he was forced to stay at Arran till the best half of Scotland was lost Cromwell enters Scotland But God who had suffered the Church-party to prevail long did blast their Force and Success at once for Cromwel upon the Parliament of Scotland's bringing home their King entred it with his Army The Church-party as they had no mind to invade England on the Kings account so were very careful to declare that their Arming against Cromwel was not on the Kings account which they excluded from the state of the Quarrel by an Act of their Committee and declared that they stood only to their own Defence against that Hostile Invasion which was contrary to their Covenant and Treaties They were also very careful to model their Army so that neither Malignant nor Engager that had been of the Kings Party should serve in it for though when His Majesty came to their Army at Leith the Souldiers were much animated by his Presence and with the coming of two thousand brave Gentlemen with him to the Army yet the Leaders of that Party pretended that since the Malignants were in their Army God would be provoked to give them up to the Enemy and therefore forced the King to leave the Army They also forced away all those Gentlemen who came and offered their Service I shall not pursue this account further but only add that notwithstanding all their Confidence of their Army and though they had the Enemy at great disadvantages so that he and all his Officers gavethemselves for gone yet they were with very little Opposition broken and routed near Dunbar on the third of September 1650 Dunbar-Fight and even those who two years before had insulted over the Misfortunes of the Engagement were now themselves taught how ill an Argument Success was to evince the Goodness of a Cause The King is better used in Scotland This procured a great change in the Counsels of Scotland for by that time the honester and better part of the Clergy were by the Murther of the King and the other Proceedings in England filled with distast and horrour at them and began to think how defective they had hitherto been in their Duty to the King and therefore resolved to adhere more faithfully to it in all time coming Others of the Church-party did also see that as Cromwel was setting up a Common-wealth in England so they found many of the forwarder amongst themselves very much inclined to it in Scotland This divided them from the other violent Party made them joyn more cordially with the King and be willing to receive his other faithful Servants to oppose the Common Enemy therefore it was brought under debate if the Act of Classes that excluded them from Trust should not be rescinded and all Subjects allowed to enjoy their Priviledges and suffered to resist the Common Enemy after long debate it was carried in the Affirmative yet none vvere to be received but upon particular Applications and Professions of Repentance The Church-party divided The Commission of the Kirk being also asked their Opinions declared that in such an Exigency vvhen the Enemy vvas Master of all on the South of Forth and Clide all fensible persons might be raised for the Defence of the Country This vvas called the Resolution of the Commission of the General Assembly and was ratified by the subsequent General Assembly But against this many Ministers protested and from thence arose great Heats and Divisions among those of the Kirkmen who owned the Publick Resolutions An. 1652. and those who Protested against them the one being called the Publick-Resolutioners and the other Protesters And now all Churches were full of pretended Penitents for every one that offered his Service to the King was received upon the Publick profession of his Repentance for his former Malignancy wherein all saw they were only doing it in compliance to the peremptory Humour of that time It was about the end of Ianuary that the Duke was suffered to come and wait on the King The Duke is suffered to wait on the King but at that time Cliddisdale with the other Places where his Interest lay were in the Enemies hands who had put Garrisons in Hamilton Douglas Carnwath Boghall and other Houses of that Country Yet the Duke got quickly about him a brave Troop of about an hundred Horse made up of many Noblemen and Gentlemen who rode in it among whom were divers Earls and Lords whose Lands being also possessed by the Enemy they could do no more but hazard their own Persons in his Majesties Service the rest were his Vassals and Gentlemen of his Name and they were commanded under him by a gallant Gentleman Sir Thomas Hamilton of Preston whom he sent with 18 Horse to Cliddisdale to try if the Enemy could be catched at any disadvantage and the People of the Country raised for the King The Enemy kept so good Guards and was so strong at Hamilton that he could not fall in there therefore he went to Douglas where he took about 80 Horse that belonged to the Garrison but could not surprize the House for it was too strong to be taken without Cannon He likewise took all the Horse that belonged to the Garrison at Boghall and killed twenty Souldiers This made the Enemy keep closer at Hamilton upon which the Duke resolved to raise ten Troops of Horse and appointed Sir Thomas Hamilton Lieutenant-Collonel but the Enemies Garrisons gave great interruptions to his
55. l. 16. after This add I. p. 120. l. 7. after all r. he p. 130. l. 37. require r. required p. 145. l. 7. dele will after it and r. will after Assembly p. 161. l. 18. for Mirtland r. Maitland p. 178. l. ult for Cumbermwald r. Cumbernald p. 219. l. 22. after Hamilton r. William Earl of Morton p. 225. l. 11. refore r. therefore p. 240. l. 6. after by for that r. these p. 242. l. 22. after at r. that p. 279. l. 2. emitted r. remitted p. 283. l. 26. berid r. be rid p. 284. l. 23. for stop r. step p. 334. l. 9. met r. meet p. 342. l. 17. did we r. we did p. 368. l. 5. which upon r. upon which p. 384. l. 23. after guards r. that p. 387. l. 51. apart r. a part p. 388. l. 12. after were r. clear p. 408. l. 30. after despise dele at p. 423. l. 2. after though r. the. ibid. l. 4. after vertue r. he p. 427. l. 8. for greater r. regrate p. 428. l. 26. wrack r. rack ibid. l. 50. after heavy r. on p. 429. l. 44. Death r. die p. 431. l. 26. after about for him r. himself The Contents of the Seven Books Lib. I. Of what happened from his Father's Death till the Year 1638. Lib. II. Of what passed when he was the King's Commissioner in Scotland in the Years 1638 and 1639. Lib. III. Of what passed after he laid down his Commission till July 1642. Lib. IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment Lib. V. Of the Duke's and his Brother's Imployments after his Enlargement till the Year 1648. Lib. VI. Of the Duke's Engagement for the King's Preservation and what followed till his Death Lib. VII A Continuation of Affairs till Worcester-Fight MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB I. Of what happened from his Fathers Death till the Year 1638. JAMES Marquis of Hamilton died at London in March 1625. An. 1625. and was succeeded in his Honour and Fortune by his Eldest Son and Heir Iames afterwards created Duke of Hamilton The Marquis succeeded his Father whom his Father had brought with him to England some years before and was then in the Eighteenth year of his Age and sent to prosecute his Studies at Oxford from whence he was called to see his Father die and came in time to receive his last advices and blessings Thus died that Great and Illustrious Person in the flower and vigour of his Age being then but 36 years old He was in great Esteem in both Kingdomes His Fathers Character equally dear to the Soveraign and the Subjects and it was certain no person could have disputed with him the Kings Affection and Confidence the Duke of Buckingham onely excepted His serving as Commissioner for the King in the Parliament 1621. had much lessened his Interest in Scotland for these five Articles of Perth where the Assembly of the Church that settled them was held commonly called the Five Articles were generally so odious that his carrying the Settlement of these in Parliament drew much dislike from all that Party which was then called Puritan but his carriage in that Parliament gained him as much trust and favour with the King as ever man had The King created him Earl of Cambridge a Title that was never conferred on any but such as were of the Royal Blood he made him also Knight of the Garter and Lord-Steward of the Houshold King Iames was likewise glad to see his Friendship for my Lord Marquis and his Family like to prove Hereditary by the kindness he saw growing up with the Prince for his Son in whose youth there was an agreeable Sweetness which gained an early room in the Princes Affections and took so deep rooting there that nothing was ever able to deface it and as he had the Honour to be the Princes nearest Kinsman by the Royal Blood of Scotland so he spent several of his younger and more innocent years in his company and when the Prince was in Spain he made one of that honourable Train that went to wait on his Highness But since the following Narration is to be filled with great and considerable Transactions wherein this Marquis was so eminently engaged I shall dismiss such Particulars as were of less concernment and therefore at one step shall leap over the whole tract of his Youth neither shall I interrupt my Narration of Publick Matters with Accounts of his Personal and Domestick Affairs which shall be referred to one place in which as I give his Character such of those as are fit to be made publick shall be mentioned neither will I here offer any further Account of his Father but what shall be the matter of the whole following History which is that he was the Father of two such excellent Sons King Iames as he received the tidings of his Death with much grief King Iames his Death so he Prophetically apprehended that as the Branches were now cut down the Root would quickly follow for the Duke of Richmond died about the same time likewise This Marquis his Death was followed with an universal regrate and I sind divers of the English Nobility in their Letters to his Son expressing their Affection and Esteem for the Father in terms beyond the cajolery of Civility or Complement The loss of so great and such a tenderly affectionate Father meeting the sweet Disposition and dutiful Love of the Son could not but prove very afflicting to him but this private Grief was followed by a publick Calamity brought upon these Kingdoms by the Death of King Iames on whose Character I shall not adventure since it is without the lines of my Work The Marquis sent down his Fathers Corps to Scotland The Marquis leaves the Court. where it was nobly interred in the Burial-Place of that Family but could not follow it himself being obliged to wait and assist at the Coronation of King Charles the first which shortly followed where he carried the Sword of State before the King and he found the Crown had rather heightned than lessened the new Kings Affection for him But within a little he resolved to return to Scotland to look to his own Affairs which were in great disorder by his Fathers magnificent Nobleness who notwithstanding his being Lord Steward and the benefit of other Places he enjoyed had far outrun himself at Court But indeed his Son had too much of his own Temper and was too Generous to be very Frugal During his absence from Court his Majesties Affection for him appeared not only in his ready granting of every thing was moved for his advantage but in the kind Letters which upon different occasions he wrote to him with his own Hand not to mention the many publick ones he got upon all occasions In one of them the King writes James An. 1627. THE reason why your Business
of Bohemia recommended the care of her Affairs to him The Queen of Bohemia recommends the care of her Affairs to the Marquis as the person being her nearest kinsman and best known to her in whom of all that were about her Brother she confided most and as during the King her Fathers life she had employed none so much as his Father so she did entail that trust upon the Son and indeed in all her Letters to him hundreds of which remain she continued such expressions of genuine and â—rank kindness as shew she never thought she had misplaced her trust At this time the King of Sweden being provoked with a desire of glory The King of Sweden invites the King to his assistance and led on by the aspirings of a great and generous mind resolved to adventure on that which had been fatal to all who had attempted it and to oppose the Emperours designs declaring his resolutions were to deliver Germany from the yoke of Tyranny which was beginning to be twisted about their Necks but fearing his own strength was not able to compass so great a design much of his confidence was grounded on the assistance he expected from the King Therefore as by his own Ambassadour the Lord Spence he solicited his aid so he employed the King of Bohemia to interpose with his Majesty for his assistance in the prosecution of that great Affair who pressed it with much earnestness by his Agent Curtius representing that now or never was the time that it should appear to the World what effects he might look for from his Alliance and the King was resolved in good earnest to advance that design but judged it not fit for himself to own it in his own name at first for some reasons of State a chief one being that his Ambassadour in Germany Sir Robert Anstrother was entertained at that time with some hopes of the restauration of the Palatinat though that was judged to be without any other intentions but to cajole the King and so keep him from concurring in the Swedish designs His Majesty finding it not convenient to appear in it himself resolved it should pass for the voluntary assistance of his Subjects to which he should only give way and made choice of the Marquis for the person in whom he had the greatest confidence of his zealous pursuing his designs upon the Palatinat who appoints the Marquis to enter in Treaty with that King Whether this motion came originally from the King or not I do not see or if it was the desire of the King or Queen of Bohemia which seems more probable for the Swedish Ambassadour did first move it and pressed it with much earnestness others suggest that it came from some of the Marquis his enemies who envying and suspecting his rising greatness and seeing no possibility of lessening his interest in the Kings affection that was daily growing judged this honourable Proposition would once set him a good way from the Court There was too much of honour in this Proposition to be rejected by the Marquis and his age being at that time pronest to a thirst of glory he could not but be hearty in the undertaking though the ruine of all who had hitherto imbarked in that Design gave but small encouragement to any who should engage in it yet the great renown of the Swedish King together with the fears into which all the Princes of Germany were now driven which rendred them almost desperate made the Attempt look more promising than formerly but the Marquis his duty to his Master and his affection to all his interests chiefly those of his only Sister made him with alacrity accept that Employment One thing was certain that which way soever the first Proposition of this was made it came not from himself for if the King had known or suspected it to have flow'd from him it would have appeared afterwards when the Calumnies to be related were under examination or when the Marquis was a prisoner but no such thing ever dropt from his Majesty In the end of the year 1629. the Marquis according to the Kings Orders sent Colonel Hamilton The Marquis sends Col. Hamilton to treat brother to the Earl of Hadington to the King of Sweden with a general offer of his service and his resolution to come in person with a considerable force to joyn with him in his noble enterprize for the Liberty of Germany This had a very kind reception from the King of Sweden for at that time the valour of the Scots was so great and that Kings value of them so high that he welcomed the Proposition with a sincere heartiness and as he wrote a very kind Answer to the Marquis which with many others of his Letters is yet preserved so he sent him a Commission to be General of what Army he should raise for his assistance Upon this the Marquis sent one David Ramsay a Gentleman of the Privy Chamber and after him David Ramsay to agree the Conditions upon which he should embark in the Swedish design This Ramsay was one in whom he had no interest at all neither can any account be given what he was save that there is a Letter from the King of Bohemia in my hands wherein he recommends him to the King as one who had served him faithfully in Germany he therefore as being acquainted with the German language and affairs and zealous for the King of Bohemia's service was made choice of for this Negotiation but for the Marquis to have made this man who could be no longer known to him than since he came last to Court a Confident in so great and desperate a resolution as was afterwards fastned on this Employment it had the same likelyhood which was in the rest of the Calumnies wherewith his Innocency was attacqued An. 1627. Colonel Hamilton The Articles of the Treaty yet extant in Latine who had stayed with the King of Sweden and Mr. Ramsay agreed with that King on the following Conditions which I set down faithfully translated from the Original which is in Latine WE Gustavus Adolphus by the Grace of God King of the Swedes Articles signed by the King of Sweden Goths and Vandals Great Prince of Finland Duke of Esthone and Carel and Lord of Ingria c. To all and sundry whom it concerns make it known and certain That whereas the Illustrious and Our sincerely beloved Lord James Marquis of Hamilton Master of the Horse to the most Serene King of Great Britain out of his zeal for the publick good and for acquiring eternal fame hath resolved to dedicate himself and the fortunes and forces of all he is concerned in for restoring Our oppressed Friends in Germany and for that end hath offered to Vs by the Illustrious and Our sincerely faithful Colonel Alexander Hamilton his fidelity and service and that he will on his own expence gather a strength of six thousand men and bring them over
contrary to but would prove a ready mean to preserve the true Religion already received and beat down all Superstition Withall the King considering the disorderly Conventions had been to form Petitions against these Books though they deserved a high Censure yet His Majesty willing to impute that rather to a preposterous Zeal than to any Disloyalty therefore dispensed with them to all such as should thence forth retire and return to their Obedience whereupon these Conventions were in all time coming discharged under pain of Treason The Tumults grow This was proclaimed at Sterlin the nineteenth of February but was so far from giving satisfaction that it proved a crisis to greater Confusion for it met with a Protestation as it was proclaimed sent from those of the Tables who notwithstanding continued to sit in that Iunto An Answer also came from the Duke of Lennox and the other Lords at Court directed only to three of the Lords of the Covenant in Scotland the Earls of Rothes Cassils and Montrose wherein they wrote that they had communicated their desires to His Majesty who answered that as hitherto he had received all the Petitions they had offered to the Council so he had considered them and would declare His Royal Intentions about them The Combustions continuing and growing the Council appointed a solemn Meeting to be the first of March at Sterlin for a full examining of things that they might send their joint Advices to Court This was likewise agreed to by the Lord Chancellour who was then at Edinburgh and undertook for himself and the rest of the Clergy that were of the Council to keep that Appointment The first of March came but none of the Clergy kept the day the Lord Bishop of Brechin only excepted an excuse came from the Lord Chancellour but the necessity of Affairs pressed the Lords of the Council to go on they continued four days consulting and debating about things but after the third day Bishop Brechin left them seeing in what Determinations they were likely to close The issue of their Consulting was to send Sir Iohn Hamilton the Justice-Clerk to the King with Instructions which follow as they are taken from the Original yet extant INSTRUCTIONS from His MAJESTIES Council to the Lord Iustice-Clerk whom they have ordained to go to Court for His MAJESTIES service Instructions to the Justice-Clerk concerning the rise and remedies of these Disorders IN the first place you are to receive from the Clerk of the Council all the Acts past since our meeting upon the first of March instant Item You have to represent to his Majesty That the Dyet of Council was appointed to be solemnly kept by the advice of the Lord Chancellour and remnant Lords of the Clergy being at Edinburgh for the time who assured us that they should keep the Dyet precisely but at our meeting at Sterlin we received a Letter of excuse from the Lord Chancellour which forced us to proceed without his Lordships presence or any others of the Lords of the Clergy except the Bishop of Brechin who attended us three days but removed before the closing of our Opinions anent the business Item That immediately after we had resolved to direct you with a Letter of Trust to His Majesty we did send our Letter to the Lord Chancellour acquainting him with our proceedings and desiring him to consider thereof and if he approved the same to sign them and to cause tâ—e remnant Lords of the Clergy nearest unto him and namely the Bishop of Brechin who was an ear and eye Witness to our Consultations to sign the same and by their Letter to His Majesty to signifie their approbation thereof or if his Lordship did find some other way more convenient for His Majesties Honour and the Peace of the Country that his Lordship by his Letter to the Lord Treasurer or Privie-Seal would acquaint them therewith to the effect they might convene the Council for consulting thereabout Item That you shew His Majesty that His Majesties Council all in one voice finds that the causes of the general Combustions in the Country are the Fears apprehended of Innovation of Religion and Discipline of the Kirk established by the Laws of the Kingdom by occasion of the Service-Book Book of Canons and High-Commission and from the Introduction thereof contrary to or without warrant of the Laws of the Kingdom Item You are to represent to His Majesty our humble opinion That seeing as we conceive the Service-Book Book of Canons and High-Commission as it is set down are the occasion of this Combustion and that the Subjects offer themselves upon peril of their Lives and Fortunes to clear that the said Service-Book and others foresaid contain divers Points contrary to the Religion presently professed and Laws of the Kingdom in matter and manner of Introduction That the Lords think it expedient that it be represented to His Majesties gracious Consideration if His Majesty may be pleased to declare as an act of his singular Iustice that he will take trial of His Subjects Grievances and the reasons thereof in His own time and in His own way according to the Laws of this Kingdom and that His Majesty may be pleased gâ—aciously to declare that in the mean time he will not press nor urge His Subjects therewith notwithstanding any Act or Warrant made in the contrary And in case His Majesty shall be graciously pleased to approve of our humble opinions you are thereafter to represent to His Majesties gracious and wise Consideration if it shall not be fitting to consult His Majesties Council or some such of them as He shall be pleased to call to Himself or allow to be sent from the Table both about the time and way of doing of it And if His Majesty as God forbid shall dislike of what we have conceived most conducing to His Majesties Service and Peace of the Kingdom you are to urge by all the arguments you can that His Majesty do not determine upon any other course until some at least of His Council from this be heard to give the reasons of their Opinions and in this case you are likewise to represent to His Majesties Consideration if it shall not be fitting and necessary to call for His Informers together with some of His Council that in His Own presence he may hear the Reasons of both Informations fully debated You shall likewise show His Majesty that His Council having taken to their Consideration what further was to be done for composing and settling of the present Combustion within the Kingdom and dissipating of the Convocations and Gatherings within the same seeing Proclamations are already made and published discharging all such Convocations and unlawful Meetings the Lords after debating find they can do no further than is already done herein until His Majesties pleasure be returned to this our humble Remonstrance Signed Traquair Roxburgh Winton Perth Wigton Kinghorn Lauderdale Southesk Angus Lorn Down Elphinston Napier J. Hay Tho. Hope
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
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
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
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
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
that neither the Malice of his Enemies nor the hard measure he had met with at Oxford could overcome his Love and Duty to the King for though he was forced to comply in many things with the Publick Counsels yet he begun very soon to draw a Party that continued to cross the more violent and fierce Motions of Argyle and his followers But here the Writer is forced to stop Papers failing him for prosecuting this Narration The Duke was upon his Brother's Escape used with much strictness his Servants were put from him his Money taken away he was denied all freedom and the use of Pen and Paper was refused him except to write Petitions to the King yea in the Room where he stay'd he met with disaccommodations which are not fit to be named Assoon as His Majesty knew of this which was as long delayed as his Enemies could that Strictness was changed but still he continued to be a close Prisoner And though he always petitioned for a speedy Tryal yet he was put off but for all that severity of Usage his Majesties Affection continued to 〈◊〉 very great for him and he sent him many kind Messages One was caâ—ried by Sir Alex. Frazer which he avouched to the Writer whâ— told him that His Majesty had an entire Confidence in him and waâ— resolved to release him very speedily how his Majesty was diverteâ— from that the Writer does not know But to give the Narration of the Duke's Exercises during his long and tedious Imprisonment is a Task which no Pen but his own could have performed for that great Mind which had formerly dilated it selâ— in gallant Designs and Actions being restricted to retired Contemplations spent it self in thoughts worthy of their Author Here it was that he instead of a Prison begun to see a passage into Liberty and true Freedom and those better thoughts which a crowd of Affairs and the intanglements of Interests had barred free access into his Mind meeting now with none of that resistance but quickened from his present Misfortune wrought a great Change on him And here did the vanity of the World and the folly of human Greatness with all that is splendid on this side of Immortality discover it self free from that false Varnish that had formerly wrought too much upon human Infirmity which raised in him a just undervaluing and loathing of those bewitching but deceiving Charms and he meeting with Reproach and Slander on every side betook himself to the Rock of Ages as to his strong Refuge He was much pained with frequent returns of the Stone which was fed by the lazy rest of his Prison yet his Converse was so agreeable that it took exceedingly with all his Guards and Keepers which being apprehended by his Enemies the place but not the nature of his Restraint was changed And in one of the places of his Imprisonment a Person of Honour who was Governour of the place was so much wrought on by the Nobleness of his Deportment that as from the first time he was committed to his keeping he used him handsomly and with great Civilities notwithstanding strict Orders he had to the contrary so he afterwards offered to let him make his Escape which the Duke generously refused both because he would not do any thing which might turn to the prejudice of the Governour but chiefly because he would not fly from his Majesties Justice nor stain his Innocence by an Escape This Story was avouched to the Writer by the Person himself that made the Offer to the Duke Some who pretended Friendship to him at Court wrote to him that the only way to clear himself of all Imputations was to get his Friends in Scotland to concur vigorously in the King's Service which was then managed with great success by my Lord Montrose but he answered them that since he was charged with such heavy Imputations he did not think it decent to meddle in any thing till he were once Legally cleared of these neither could it be imagined that his Letters would signifie much in Scotland under that Disgrace since his Presence when under high Characters of His Majesties Favour could prevail so little And indeed he had small grounds to expect much from Scotland since those who governed there had never expressed any resentments of his Usage beyond one Act they passed Declaring it contrary to the Priviledges of the Peers And from some of his Friends in Scotland he got Letters upbraiding him for his Services to the King telling him that had he been as faithful in serving the King of Kings he had been better rewarded and that he was well-served for preferring the one to the other But his Imprisonment continued both this year 1644 and the next year and lasted till the end of April 1646 that some of the Parliaments Forces brought the Castle of St. Michaels Mount in Cornwall where he was then Prisoner to a Surrender by which means he had his Freedom MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton c. LIB V. Of the Duke and his Brother's Imployments after his Enlargement till the Year 1648. Anno 1646. An. 1646. HItherto the Tract of my Narration hath been troublesom and painful but the further I engage in it the Storms grow upon me for now we enter upon Transactions so full of horrour that my Heart and Pen begin to fail me for who can without pain and a force put upon himself recount those dismal Passages that are before me For now a Rebellious Party having laid aside their former Disguises did finish all their Designs in His Majesties Murther and the Slavery of the Nations and in so great a Ruine it was not fit the Duke should escape safe it being more suitable that he that had shared in his Masters good Fortune and had also served him faithfully during his Troubles should likewise follow him in his Sufferings But the Dukes thoughts were fully bent on a Retreat from the World into some retired corner The Duke resolves on a retired Life the Kings Affairs being desperate where he might languish out the rest of his unfortunate Life for by this time the Kings affairs were quite ruined And as he was uncapable of concurring with his Enemies so both his late Usage and the desperate posture to which things were now driven made him resolve to engage no further And his Quality was such that he could not lye neutral when both Parties were in so high a Rivalry one against another Yet he could not temper himself so great was his Affection to the King from studying to do him the best Services and Offices he could both with the Scotish Commissioners at London and his Friends in the House of Peers to engage them to Treat with the King on easie Terms On the â—ixth of May His Majesty seeing Affâ—irs brought to a despeâ—ate pass resolved to throw himself into the hands of his Scotish Subjects The King goes to the Scotish Army
the English Parliament at which Proposition the Duke and his Brother expressed their horrour with language so full both of Reason and Affection that nothing but violent and enraged Passion could have resisted it They said Would Scotland now quit a Possession of 1500 Years Date which was their Interest in their Soveraign and do it to those whose Enmity both against Him and them did now visibly appear Was this the effect of all their Protestations of Duty and Affection to His Majesty Was this their keeping of their Covâ—nant wherein they had sworn to defend the Kings Majesties Person and Authority Was this a suitable return to the Kings Goodness both in his consenting to all the Desires of that Kingdom An. 1641. and in His late trusting His Person to them what Censures would be past upon this through the whole World what a stain would it be to the whole Reformed Religion and in fine what Danger might be apprehended both to the Kings Person and to Scotland from the Party that was now prevalent in England But notwithstanding all this the Question was put in these words Whether they should leave His Majesty in England to the Two Houses there or not so softly did the prevailing Party present that infamous Business to the Vote of the Parliament The Dukes Vote was suitable to his Discourse and Temper being a Negative uttered with much grave and deep Sorrow but I shall set down Lanerick's in the formal terms wherein he expressed it As God shall have mercy upon my Soul at the Great Day I would chuse rather to have my Head struck off at the Market-cross of Edinburgh than give my consent to this Vote The Earl of Lindsay now Earl Crawford was President and so could not debate but as in the stating the Vote he expressed much honest Zeal so when it was carried in the Affirmative he dissented from it and to him those who had voted in the Negative did adhere But some of their Friends were accidentally absent others on design and some downright deserted them so that though there were divers who dissented yet they were far short of being able to ballance the Vote When all this was done Lanerick with a deep Groan said this was the blackest Saturday that ever Scotland saw alluding to a great Eclipse that was many years before on a Saturday from which it was still called the Black Saturday This being sent to the Commissioners at Newcastle did not at all shake His Majesty he being resolved not to yield to that no not at Holmby which He had refused at Newcastle The King is delivered and sent Prisoner to Holmby In the end of the Month the English Commissioners and Forces came down and the Arrears for the payment of the Army being delivered the Scotish Army withdrew and left the King in the hands of the English who presently sent him to Holmby And this is a free and faithful Relation of that great Transaction only in invidious Passages I have spared the Memories and Families of the unhappy Actors which is variously censured It was presently the matter of Discourse and Censure of Christendom and brought an Infamy on those who acted it which though an Indempnity could pardon yet no Oblivion was able to deface It was thought strange since the King had trusted himself to Scotland that they should have thus deserted Him What grounds Montrevil had for giving the King those Assurances did not appear and certain it is they were very slight ones and were only from single Persons but not from any Iunto or Judicatory But generous minds thought the Kings frank casting Himself into their hands was an Obligation beyond any Engagements they could have given And it was thought strange madness in those of Scotland to do it at that time since they saw the Independents prevailing whose Designs against the Kings Person and Monarchy had been faithfully discovered to them by some of their Commissioners at London and who were as little Friends to the Covenant and Presbytery as the King himself was so that considering their Power such a Strengthening of them brought Religion under a hazard of another nature than could have been apprehended upon their Accepting of the Kings Concessions But the Contradiction that this course had to the Covenant was so plain that none could avoid observing it for to make their King a Prisoner was an odd Comment upon their Defending of His Person and Authority and to do all that because he would not force his Conscience was judged a strange Practice from those who had so lately complained heavily against any appearance of Force upon Tender Consciences These were the Censures that generally passed on that Transaction the Kings stifness was also very much condemned and most men not understanding the strictness of a Tender Conscience thought it was Humour that swayed Him and judged that in the posture Affairs were then in He should have yielded to any thing how unreasonable soever rather than have so exposed Himself His Posterity and His Kingdoms to such visible hazards reckoning that no Form of Government that ever was deserved to be so firmly adhered to All persons looked for dismal effects from these Resolutions few thinking the Friendship betwixt Scotland and England would be lasting and all apprehended some strange Curse would overtake those who were active in this infamous Business Amidst these greater Reflections there were some who suspected the Duke had not acted in that Affair with that Candour and Zeal He expressed and this was chiefly founded on the base Votes of some of his Friends chiefly of one who had served him but was then a Lord. But as the tract of this Account hath cleared the whole Progress of his Negotiation so the visible affliction of his Mind which drew after it a great indisposition in his Body did abundantly refute these Calumnies And indeed that great Mind which did not succumb under the hardest Trials when it imployed its utmost strength was now reduced to the most pinching Straits and almost to desperate Resentments so that he repented his Stay in Scotland since he foresaw nothing but imminent Ruine to King and Country yet His Majesties opinion of his Zeal and Affection to His Service was at this time proof against all Whispers which appears by the following Letter Hamilton I Know it were needless to recommend this Bearer Will. Murray to you but that his Persecution at this instant for My sake is such that in a manner it even extorts these lines from Me to tell you that your hearty and real dealing to procure his waiting upon Me is a good occasion which I am confident you will not let slip to shew your constant zealous Affection to Your most assured real constant Friend CHARLES R. Newcastle 29th January 1647. Now it was that genuine Melancholy and Horrour dwelt in all the Dukes thoughts The Duke contrives how to turn Scotland to the Kings Service his Brother was too deeply prepossessed
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
shall be delivered up to such Persons as Major-General Lambert shall appoint Signed Rob. Lilburn Hezekiah Hayns Edward Manwaring William Lockhart James Foules James Turner Lambert desired them to sign the Articles quickly and he would go to Vtoxater to save the Duke from Grey of Grobie's Men but before he came they had fallen in not regarding the Treaty nor the Cessation of Arms and had taken the Duke yet Lambert would not look on him as a Prisoner till the Articles were signed which he ratified and disclaimed Grey of Grobie's taking him as done in time of Treaty and Cessation against the Law of War and Nations neither was the Lord Grey empowered by the Parliament so that Lambert having Authority from them they were obliged by his Treaty and Articles The Articles were also signed though not sent back some time before Grey himself came up The Duke was carried to Derby from that to Longhburrough The Duke in Prison from that to Leicester and from that on the 28th of August to Ashby de la Zouch where he continued Prisoner till the beginning of December that he was carried to Windsor He was kept under strict Guards and in a close Restraint not being permitted to go without the Castle and but seldome to walk in the Court for the second night after he came thither when he was taking a turn in the Court after Supper he had not walked half an hour when a Serjeant came and commanded him to his Chamber though many Souldiers were looking on he immediately went to his Apartment and said to the Lord Bargany who was Prisoner with him that the Serjeants carriage was a notable instance of the vanity of worldly Greatness and the instability of mans Condition in this Life since he who but a few days ago commanded so many thousand men was now himself commanded by a private Serjeant and examined but discovers nothing Soon after his Imprisonment the Parliament sent two of their number and Hugh Peters waiting on them to examine him in order to the discovering those in England who had confederated and corresponded with him in this Engagement but the Examination held not long for they could draw nothing from him and found none of their Arts could prevail though they spared neither Promises nor Threatnings to make him think of redeeming either Life or Liberty at so base a rate his Honour and Conscience being much dearer to him He told them he could not say he knew any thing worth their pains but if he did nothing no not Torture it self should ever draw it from him Thus ended that Expedition The Censures passed on the Engagement the miscarriage whereof occasioned much Censure and Reproach but those who did impartially reflect on the whole progress of that Army ceased to wonder when they saw the ruin of a raw undisciplined Army which without either Artillery or Ammunition sufficient was precipitated by an over-hasty March into an Enemies Country harassed and wearied with a sad March in such bad vveather and vvay and encountered by so strong an Enemy vvho as he had a vvell-disciplined and trained Army so he had the vvhole Country on his side and vvhere-ever any censurable Miscarriage vvas to be fastened all that vvere impartial did confess the Duke free of blame except for yielding too much to other more experienced Souldiers vvho upon every inclination he expressed of differing from their Counsels told him he vvas ruining the Kings Service And just observers vvhen they considered hovv little care he expressed for preserving himself and hovv much for preserving the Army hovv ready he vvas to hazard his ovvn Person hovv he vvould not abandon the broken Remainders of his Army but stayed and run the same Fortune vvith them vvhen others vvere more careful of their ovvn Preservation hovv he vvould not preserve himself at the rate of delivering up Berwick or Carlisle judging those Places of more importance for His Majesties Service than his Liberty could be or the Liberty of that handful vvas vvith him and in fine hovv he abhorred so mean a thought as the ransoming himself by betraying others vvith vvhom he had corresponded did very much condemn the too great forvvardness of some in believing those base Reports which vvere spread of his betraying that Army But in Scotland things changed no less strangely The Clergy during the Armies March continued animating the People into an opposition to the Engagement but the Committee of Estates secured the Peace of the Kingdom by some Troops they kept in suspected places and seemed to connive at many things which they resolved to punish to purpose when they had a good account of their Army About the end of Iuly Mr. Murray came to Scotland from the Queen and Prince with full assurances of their Friendship and Kindness to them and told them that the Prince was ready to come assoon as he were sent for appointing them to send to him to Holland whither he was then going whereupon the Earl of Lauderdale was sent by the Committee of Estates to invite his Highness to come and Command their Army Lauderdale is sent to bring the Prince to Command the Army giving him the Publick Faith of the Kingdom for his Honour Freedom and Safety both during his stay with them and for liberty to leave them when he would He was also to desire his Highness would land at Berwick and for satisfying the People as much as could be that he would bring none with him who were hateful to the Nation and would as the King had always done in Scotland conform himself to their Forms of Religious Worship On the fifth of August he set sayl first for Yarmouth-Road where he heard the Prince was with the Fleet but that being contradicted he held his Course for Holland and as he was sayling into the Brill the Pilots Boat assured him that his Highness was gone from thence but he knew not whither wherefore seeing a Man of War who as they told him belonged to the Prince he turned his Course and followed him but he could not overtake him At last a Frigat of the Prince's came a-stern of him and told him he was in the Downs so he sailed on with the Frigat and came to the Downs on the 10th of August where he found his Highness and Prince Robert with some others of the Nobility and of his Council and a very good Fleet of about eighteen sail commanded by the Lord Willoughby as Vice-admiral His Highness gave him a very kind Reception and expressed a great sense of the Loyalty and Duty of the Scotish Nation all that were about him were likewise very well-affected to that Nation The Prince called the Earl of Lauderdale to his Council where he appointed him to deliver his Message which he did and the Prince after a days consideration gave him a very Gracious Answer to every particular and resolved to go quickly to Berwick and from that to make all the haste he
Duke put in the Declinatour and special Plea following The Dukes Plea intending at last to answer the Charge if the Plea was not sufficient having first told the Court he was better known by another name than the Earl of Cambridge His Plea consisted of three â—â—ads First he pleaded this his undertaking that Imployment was by Command of the Parliament and Supreme Authority of the Kingdom of Scotland for such ends as he conceived were good and justifiable and in no way derogatory to the Peace and Happiness of these Dominions That he did earnestly endeavour to decline it but that not being accepted of he could not disobey their Commands without incurring the severest Censures Secondly that he was born in Scotland before the Naturalization of his Father in England therefore he conceived himself an Alien and not triable in England Thirdly that he had rendred himself Prisoner upon Capitulation and Articles with those who had Major-General Lamberts Commission and that by these he was first a Prisoner of War next his Life and the Safety of his Person was secured to him by the Articles which were signed by the Commissioners of both sides before he was their Prisoner and that they could fasten neithâ—r a Breach nor non-performance on him Upon this the Counsel of the People caused the Act of his Fathers Naturalization to be read spake a little to aggravate and set out his Fact but he desired a convenient time to procure Papers Witnesses and other Evidences material to his Plea which he said was seldom denied to any in that condition and it was well known to many there how that since the beginning of this Parliament many weeks were granted to an Eminent Man upon his Trial by whom he meant the Earl of Strafford who had time allowed him to send to Ireland The Court adjourned to the next day without giving him any satisfactory Answer But the Dukes Carriage and Discourse that day gained much on all the Spectators being so serene and calm that his very Enemies did applaud it The Second Appearance Saturday the 10th in the Evening his Grace was again brought to the Bar and he desired Counsel which was granted and it was refered to him whether the Court or himself should name them which he then passed over and without much speaking on either side the Court adjourned notice being given him that he must appear again on Tuesday the 13th but no Order being issued forth for Counsel some Counsel who were dealt with did decline the Imployment The Third Appearance Tuesday the 13th his Grace being brought again to the Bar desired a longer time since notwithstanding serious means had been used no Lawyer would be his Counsel without the Courts Orders This was granted by the President after some Expostulation and upon his Graces Nomination Mr. Chute Mr. Hales Mr. Parsons and Dr. Walker were assigned him for Counsel to have free access to him in the presence and hearing of some of his Keepers and to be ready against Teursday following to maintain his Plea upon which the Court adjourned till the 15th The Fourth Appearance Thursday the 15th his Grace being again brought before the Court declared that their Order being offered to his Counsel they all found themselves unable to plead for him or to do what was otherwise fitting and so had refused to come and speak with him at St. Iames's The Court objected the time they had already granted and alledged this was a meer delay but his Grace protested it was true and offered one of his Servants to attest it Doctor Walker in Court declared he would not be of his Counsel by reason of his Imployment under the Parliament His Grace desired a convenient time as was usual in the like Cases not only in respect of his Lawyers but that he might send to Scotland and other remote Places for Witnesses and Evidences necessary for his Defence since no prejudice could come by that Delay and this was denied to none in Tryal for Life and had been granted to Mac-Guire and Mac-Hun two Irish Men. But for his Counsel the Court Ordained that any of the Six he should name might be Authorized to advise with him in private and to speak in Court in the matter of Law arising out of the Fact of the Plea after the matter of Fact was handled which his Grace was to maintain next Saturday And for the Time he craved they said he looked on the unreasonable time was granted to Strafford and Canterbury those grand Offenders with whom he had been too familiar as Precedents but those were Precedents without a Precedent and none were to expect the like at this time especially since there were now so many Prisoners to be Tryed Saturday the 17th His Grace was brought to the Court with some Witnesses his Counsel being neer but not present The Fifth Appearance and in order to the Parts of his Plea he first produced Duplicates of the Commission and Orders from the Parliament of Scotland and Committee of Estates there The Court demanded Evidence for both his Grace answered were time granted he would not only sufficiently prove these but many other points belonging to his Justification but the Court answered that unless they were presently attested vivâ voce they would not suffer them to be read Witnesses examined Whereupon his Grace desired that his Servant Mr. Lewis might be examined whose Testimony was accepted and the Papers he produced were received for Evidences and read Next the Declaration containing the ends of the Engagement was read and being proved by the same Witness was left in Court with the former Papers Then the Court upon his Grace's desire produced the Original Articles of Capitulation which were read and Mr. Cole proved he saw them delivered to his Grace about nine in the Morning before the Lord Gray came in The L. Gray deposed That two several Summons which were sent by him to his Grace to yield upon Mercy were both answered negatively in respect of the Cessation and Treaty That by a Letter from Cromwell dated Warrington August 20th he was enjoined to pursue the Scotish Forces with all vigour That he had received Letters from the Staffordshire-Gentlemen with whom the Cessation begun intimating that they had condescended to it on purpose to gain a few days time to strengthen themselves in regard the Scots were so numerous and that he dispatched away Wayte and Peters that morning in which the Treaty ended to protest against it Peters was next examined and answered That going that morning to protest by order from the Lord Gray he came accidentally to the Duke where he found the Hostages in his Chamber and asked if he was willing to be the Lord Gray's Prisoner who answered he could not in regard of the Treaty but if he were afterwards to be disposed of he had rather be his Lordships Prisoner than any others being of his acquaintance That he had seen the Summons and
the negative Answer to them That this was about five in the Morning and that Wayte and he went apart of the way towards the place of Treaty where he heard the Articles were concluded Lilburn was next examined who deposed That the Articles were signed by himself and the other Treaties about five in the morning and were to be ratified by the Duke and Lambert and that his own meaning of Preserving the Dukes Life he knew not how the rest meant was only to preserve him from the violence of the Souldiers and not from the Justice of the Parliament At this Peters rose up expressing great dislike of Lilburn's Gloss saying that much tenderness was to be used where the Life of so eminent a person was concerned That he had seen many Articles of War but had never heard of such ambiguity and that it was clear by those Articles the Duke held his Life secured as well from the Parliament as the Souldiers and wished to God that if their Commissioners had meant otherwise it had been so expressed in the Articles it being most necessary that Articles were in a concernment of Life The President answered You say well for the future but it is now too late His Grace resumed what had been said and spoke much on the Articles for weakening Lilburn's Gloss. The Duke is falsly accused by the Governour of Windsor-Castle Next the Governour and Marshall of Windsor were examined about his Escape from Windsor-Castle the Governour deposed that the Duke said to him he needed not fear his Escape he would be a true Prisoner and not go away though the Gates were opened The Marshall said he only heard this from the Governour The Duke expressed a deep râ—sentment of this Injury done him by the Governour who wounded his Honour so much which he valued above all earthly things and did shew how unlike it was that any such thing was either demanded or granted since that is only done for a little more Liberty whereas he was all the while kept under strict Guards nor had he the liberty of walking in the Park but was always guarded by two Keepers the one lying all night in the Room next him and the other every night locking the Door and carrying the Key with him That the Governours Testimony in this matter was not to be received he being a Party and now in hazard for his negligence for he was told that if he escaped he should die for it adding that if he were not a Prisoner he would desire right of the Governour for that Scandal cast on him and choose no other place for it but Westminster-Hall But to all this the Governour made no Reply only the President said that though he could not blame the Earl of Cambridge for what he said yet for all that the Governour was not to be discredited The Duke pleads for himself from the Articles granted him After this the Duke spake a little to all the three Branches of his Plea reserving the fuller enlarging upon them to his Counsel He insisted most on the Articles which he doubted not were sufficient to protect him he desired them to consider how Sacred Articles of War were reputed in all Places and among all Nations and how inviolably they were kept all Princes and States being most careful to observe them not only to Strangers but to Subjects having great regard to Articles though only for Quarter much more when there was a Capitulation for Life adding the following Instances Elisha the Prophet would not suffer the King of Israel to kill the Syrian Captains saying Wouldst thou smite those whom thou hast taken Captive with thy Sword and thy Bow The Blood of Abner lay on Ioab's head who killed one that had the Kings Safe-conduct The Gibeonites also though they used Ioshua deceitfully yet were preserved according to the Articles given them and not only Saul's House but the whole Land suffered for the violation of them That Prince Robert and the Lord Cottington though excepted from Life or Pardon by Act of Parliament were notwithstanding that upon the Articles of the Rendition of Oxford permitted to go beyond Sea and never questioned for Life and the like Justice was done the Earl of Bristol and the Lord Paulet upon the Articles of the Surrender of Exeter though both were excepted from Pardon and that the Lord Fairfax and the Officers of the Army were most careful to see Articles always kept in which they judged theiâ— Honour deeply concerned and had often written to the Parliament to that end therefore he did not doubt the like Justice would be done him By this time it was late and the President appointed Monday next for the Duke to finish his Plea in matter of Fact ordering his Counsel to be in the Court for their better Information and so they adjourned Monday the 19th the Duke and his Counsel were brought to the Bar. The sixth Appearance Collonel Wayte was examined who deposed that the Duke rendred himself to be the Lord Gray's Prisoner and desired Wayte to protect him from the Multitude who thereupon left a Guard at his going away But during his Deposition Peters said he lies he lies and Peters Spencer and other Officers who were with Wayte at Vtoxater being examined did totally falsifie his Deposition Divers were also that day examined about the place of the Duke's Birth who all swore they heard it always said that he was born at Hamilton and that it was not a thing to be doubted of others were examined about the Signing of the Articles who all Witnessed that they were signed long before the Lord Gray came and Major Blackmore deponed that the Duke's being the Lord Gray's Prisoner was by an Agreement betwixt him and Lambert whose occasions pressed him to go suddenly North-ward After this the Duke spake a little to shew how little weight was to be laid on Wayt's Testimony which was so evidently disproved Next his Counsel asked the Courts Directions how they should proceed and the Court answered that after the matter of Fact was handled they might plead in Law upon all the parts of the Plea and they told the Duke by the next Wednesday to finish his Evidence He desired a Warrant for bringing some Gentlemen then Prisoners in White-hall who were his material Witnesses but the Court adjourned and promised to consider of that Motion in the Painted Chamber yet they granted it not Wednesday the 21st the Court sate The seventh Appearance and the Duke was brought to the Bar. Some were interrogated about the time of his Birth to prove him post-natus but it was not proved one person only swearing that he heard him say he was some years younger than the King Evidence was also brought of his Conjunction with Langdale which they accounted Treason yet even that was not clearly proved though it was much laboured Some Letters of his to Langdale had been taken and were brought into Court but as the Letters proved
no Conjunction so it did not appear that they were his Letters only Peters asserted they were like his hand Then a Vote of the Two Houses was read repealing a former Vote of setting an hundred thousand pounds Sterling upon him for Ransome and proof was brought that notwithstanding Articles were given yet some had been forced to take the Negative Oath and thereby they studied to evince that the Parliament did not hold themselves bound to stand to Articles After this his Grace resumed the substance of all those Evidences and shewed that it was not proved he was a post-natus nor that he joyned with Sir Marmaduke Langdale who neither received Orders nor the Word from him but marched and quartered apart and that though he had done otherwise it could not be criminal in him since he had no Orders to the contrary from the Parliament of Scotland but was commanded by them to joyn with all who would concur with him for prosecuting the ends of the Engagement of which Sir Marmaduke approving he had no reason to refuse Concurrence with him neither could this be made Treason by the Law of England of all which it seemed the Parliament was once well-satisfied since by a Vote they had fined him in an hundred thousand pound Sterling as the price of his Liberty by which it appeared they look'd not on him as a Traytor but as an Enemy who had Life granted him by Articles Upon this the Court adjourned till Thursday the 22d and his Counsel were appointed to plead and he was to close his Evidence The Duke was brought to the Bar The eiâ—ht Appearance and by divers Witnesses it was proved that there was no Rendition made to the Lord Gray but a plain Refusal and that the Treaty was ended the Articles signed and Lambert come up before the Lord Gray came thither There was also produced an Order of Parliament made four years before that No Quarters should be given to any of the Irisâ— in Arms which inferred that others might have them and another Order was read of the 14th Iuly last declaring all the Scoâ—s who entred England Enemies and all the English and Irish who assisted them Trâ—ytors and with this he closed his Evidence and since he was not to be suffered to speak any more he enlarged on all the parts of his Plea and spake at length as follows That he was sent by the Kingdom of Scotland which was a free Kingdom The Duke pleads largely for himself and independent on England That he having had his Birth Honour and Fortune there was bound to give obedience to their Orders That for himself he had lived much out of business and was seldom in Publick Trust in that Kingdom nor very desirous of any but that being commanded to undertake the Charge of General for ends which he conceived lawful and no way contrary to the Peace or Interest of England he was obliged to follow their Orders and that by some Papers emitted by the Parliament of England against that Expedition they declared they looked on it as a National Breach whereby Scotland had violated their Leagues and Treaties with them so that it was no private Act of his That the entring of the Scotish Army into England Anno 1640 was accounted no Invasion nor Treason but on the contrary was acceptable to this Kingdom which gave a Brotherly Assistance for it and that the late unfortunate Army was designed fully for as good Ends and would have been so looked on had it prospered And for his joyning with Sir Marmaduke Langdale he answered it as was before set down Therefore he being taken Prisoner in such a War he conceived it without a Precedent that he should be Tried for his Life for serving his Native Kingdom in an open War As for his being an Alien he referred that to his Counsel but said it was undeniable he was born in Scotland nor was he proved a post-natus he was also born before his Father's Naturalization and so not included in it and his own Naturalization had been in agitation in the beginning of this Parliament That his sitting in Parliament did not conclude him an English Earl for if questioned he might probably have been expelled out of the House of Peers as his Countryman Mr. Walter Stuart was out of the House of Commons and that his being an Earl did not naturalize him that being the King 's single Act where as Naturalization was only by Act of Parliament As for the Articles it was clear that Lambert being a General Officer commissionated by Parliament was impowered to Capitulate both by the Parliament and by Cromwel the L. Gray having no Authority from the Parliament but only from Cromwel's Letter that he became the Lord Gray's Prisoner only by Lambert's Order and that he made no Surrender till the Articles were signed and delivered that though the Lord Gray had protested against it and yet only an intention to do it was proved he was not concerned in it nor bound to take notice of it Lambert being the Parliaments Officer and sent against him by them That Articles were to be expounded by their plain meaning and not by any mental reserves pretended by the Commissioners That by the first Article he was a Prisoner of War and that it was seldom known that the Life of any such was taken and that by the second Article Life and Safety of Person were expresly secured without any exception That if Articles were now violated it would make the sequel of the Wars if any more followed a down-right Butchery since none would any more trust to a Capitulation which Mischief he prayed God to avert That his Escape out of Prison was no Breach he being only bound by the Articles to deliver himself Prisoner which he did but not to continue so and he concluded that he was confident had he no better Plea his Articles were sufficient according to the Laws of all Nations to preserve his Life Then the President asked him if he had any thing to say as he was Earl of Cambridge whereupon he and his Counsel moved that if what he had said and proved was not satisfactory for the Averment of his Plea he might answer the Charge exhibited which he had not yet done But to this neither the Court nor their Counsel would yield though they gave no reason for it save only that it implyed a desire of Delay but the reason as was said was that they knew had they yielded to that the Charge had been overthrown since the Law of England does not admit that to be Treason which they charged on him that he had assisted the King against the Kingdom and People by levying War Then the Court told his Counsel that Saturday was the longest time they allowed them for performing their part but the Counsel answered that it was impossible for them to undertake it and discharge their Consciences to their Client having so short a time allowed them there
being a necessity of searching divers Records for Precedents which required a competent time as had been allowed in former cases but the Court refused to promise it only they said they would take it into their consideration The Counsel insisted and said plainly they declined the Imployment on those terms and would be forced to declare it Monday the 26th the other two Officers that had signed the Capitulation for the Duke and his Troops The ninth Appearance who had been sent for a great way off were examined who agreed with the former Witnesses in matters of Fact and also with Lilburn that by signing the Articles they only meant the Duke should be preserved from the Violence of the Souldiers and not from the Justice of the Parliament Then the Counsel began to Plead and all four spoke on the several Heads of the Plea Mr. Heron spoke cursorily and elegantly but not very materially Mr. Parsons a young man spoke boldly and to good purpose Mr. Chute the Civilian spoke learnedly and home and Mr. Hales since the much-renowned Lord Chief Justice of the Kings Bench elaborately and at length The Heads of their Arguments follow The Duke's Counsel at Law plead for him The Duke being as was granted a born Scotch-man his Tie of obligation and subjection to that Kingdom was indispensable and indissoluble so that his late Imployment could not be refused when laid on him by the Authority of that Kingdom no more than a Native of England living in it can disobey the Commands of this Parliament whereas any Subjection the Duke owed the Parliament of England was only acquired and dispensable That since no man can be a Subject of two Kingdoms whatever Tye lay on him to the Kingdom of England it was not to be put in Competition with what he owed Scotland it being a Maxim in Law that Major relatio trahit ad se minorem and that Ius Originis nemo mutare potest That there was an Allegeance due to the King and another to the Kingdom and no Treason could be without a Breach of Faith and Allegeance due to them against whom it was committed for these Kingdoms were two distinct Kingdoms and though the Allegeance due to the King was the same in both Kingdoms yet that due to the Kingdoms was distinct nor was the Actual administration of the Kingdoms in the Kings Person when the Duke got his Imployment therefore as his Allegeance to the Kingdom of Scotland was ancienter and stronger than any Tie that lay on him in England so what he did by their Order might well make him an Enemy to this Kingdom but could not infer Treason Yet all this of the Allegeance due to the Kingdom was founded on no Common or Statute Law as Mr. Hales himself confessed afterwards but he urged this well against those who asserted it it being the universally received Maxim at that time That whether he was a Post-natus or Ante-natus did not appear but though he were it did not vary the Case nor his obligation to the place of his Nativity and so though he were Post-natus or accounted a Denizen by his Fathers Naturalization his Offence could not be Treason but Hostility at most and by that supposed Hostility he could only lose his Priviledge of a Denizen but could not be made a Traitor there being no Precedent where ever any man was attainted of Treason for a hostile Invasion and it was questionable if this Offence could amount to that nor could any case be alledged where one born in another Independent Kingdome acting by a Commission from that Kingdom and residing there when he received his Commission and raising the Body of his Army in that Kingdom and coming into this in an Open Hostile manner was ever judged guilty of Treason Naturalization was intended to be a Benefit and not a Snare so that one might well lose it but was not to be punished for it And so when France and England were under one Soveraign divers of both Nations were naturalized in the other yet when Hostility broke out betwixt them many so naturalized fought on the side of their Native Kingdom for which none were put to death though divers were taken Prisoners And in Edward the third's time though he claimed France as his by Right yet when the Constable of France invaded England and was taken Prisoner he was not tried nor put to death but sent back to France as being a Native of that Kingdom And when David Bruce King of Scotland invaded this Kingdom and was taken Prisoner great endeavours were used to find a Legal ground for his Trial he being Earl of Huntington in England but this Plea was waved for it was found that it could not be done justly that being but a less degree of Honour though King Edward claimed a kind of Homage from the Crown of Scotland That if the Duke were on that account put to death it might prove of sad consequence in case there was War any more betwixt the Kingdoms since most of the present Generation were Post-nati and all would be so quickly and yet if the Lord Fairfax who was both a Post-natus and had his Honour in Scotland were commanded to lead an Army thither and being taken were put to death it would be thought hard measure For the Duke's Father's Naturalization it was true by the Statute of the 25 Ed. 3. provision was made that Children born without the Kingdom whose Parents were then in the King's Allegeance should be Denizens but the Duke was born before his Father's Naturalization which can never reach him none but the Issue after his Father's Naturalization being included within it and the word Haeres in the Act is only a word of Limitation and not of Creation nor did his making use of the assistance of some English Forces make him a Traytor It is true if an Englishman conduct a Foreign Army or if a Foreigner come of his own head or in a Rebellious way to assist an English Rebellion it will amount to Treason for the Act of such an Alien is denominated from the crime of those he assist here where he owed a local Obedience which was the Case of Shirley the Frenchman and of Lopez but if an Alien come with a Foreign Force though he make use of English Auxiliaries that only infers a Hostility but no Treason and was the case of the Lord Harris a Scotchman 15 Eliz. and of Perkin Warbeck both having English help and though Warbeck was put to death it was by no Civil Judicatory but only by the Will of Henry the 7th who erected a Court-Marshall for that purpose The present case was yet clearer where the Alien had Authority from his Native Kingdom and was commanded by them to make use of English help so that though Langdale's assisting the Duke did make himself a Traytor yet the Duke's accepting of it only infers an Act of Hostility And whereas it was objected that the Parliament had already by
only was her Honour unstained but even her Fame continued untouched with Calumny she being so strict to the severest Rules as never to admit of those Follies which pass in that style for Gallantry She was a most affectionate and dutiful Wife and used to say she had the greatest reason to bless God for having given her such a Husband whom as she loved perfectly so she was not ashamed to obey But that which crowned all her other Perfections was the deep sense she had of Religion she lived and died in the Communion of the Church of England and was a very devout person Many years before her death she was so exact in observing her Retirements to her Closet that notwithstanding all her Avocations and the Divertisements of the Court as the Writer was informed by one that lived with her no day passed over her without bestowing large portions of her time on them beside her constant attendance on the Chappel She bore first three Daughters and then three Sons her Daughters were Lady Mary Lady Anne and Lady Susanna her Sons were Charles Iames and William but all her Sons and her eldest Daughter died young A year before she died she languished which ended in a Consumption of which after a few Moneths sickness she died so that she prepared for Death timeously About a Moneth before her death she called for her Children and gave them her last Blessings and Embraces ordering them to be brought no more near her lest the sight of them might have kindled too much tenderness in her which she was then studying to raise above all created objects and fix where she was shortly to be admitted She died the tenth of May in the year 1638 and left her Lord a most sad and afflicted person and though his Spirit was too great to sink under any burden yet all his Life after he remembred her with much tender Affection She died indeed in a good time for her own Repose when her Lord was beginning to engage in the Affairs of Scotland which proved so fatal both to his Quiet and Life But the Distractions of the following years concurring with the affectionate Remembrance of his Lady which rather increased than abated with time kept him from the thoughts of re-engaging in a married life Neither did the death of his Sons shake him from that purpose since he had so noble a Successor secured for his Family in the person of his Brother and next to him he had two Daughters who were dear to him far beyond the ordinary rate of Children on whom he got his Dignity and Fortune entailed in case his Brother died without Sons His Religion was Protestant and Reformed and as he was a Zealous Enemy to Popery so he was no less earnest for a good Correspondence among all the Reformed Churches His Religion in particular betwixt the Lutherans and Calvinists and therefore was a Great Patron and Promoter of the designs of Mr. Dury who bestowed so much of his travel and so many of his years in driving on that desired Union for I find by many of Dury's Letters to him that as he owed a great part of his Subsistence to the Money and Places were procured for him by the Duke both from the King and my Lord of Canterbury so his best Addresses to the Swedish Court and the Princes of Germany were those he had from him and therefore he continued giving him an account of his success as to his Patron and Benefactor As for our unhappy Differences which have divided this Island he judged neither the one nor the other worth the Blood was shed in the Quarrel and the excess he had seen on both hands cured him from being a Zealot for either He was disâ—atisfied with the Courses some of the Bishops had followed before the Troubles began and could not but impute their first Rise to the Provocations had been given by them but he was no less offended with the violent spirits of most of the Covenanters particularly with their opposition to the Royal Authority As long as the King employed him for the preservation of Episcopacy he served him faithfully and though afterwards he pressed him much for his consent to the Abolition of that Government in Scotland it was not from any Prejudice himself had at it but flowed only from the Affection he had to His Majesty since he saw it could not have been preserved at that time without very visible hazard both to King and Countrey and so he took the National Covenant at the Kings Command Anno 1641 in the Parliament of Scotland He was all his life a great honourer of true Piety where-ever he saw it notwithstanding any mistakes that might have been mingled with it so that whatsoever particular ground of Resentments he had at any who he judged feared God the consideration of that did overcome and stifle it but his first Imprisonment in the year 1643 was the happiest time of his Life to him for there he had a truer prospect of all things set before him which wrought a Change on him discernible by those who knew him best This made him frequently acknowledge Gods great Goodness to him in that Restraint for then he learned to despise at the foolish pleasures of Sin and the debasing vanities of a false World which had formerly possessed too great a Room in his thoughts It is true he chose to be Religious in secret and therefore gave no other vent to it in his Discourse than what he judged himself obliged to which was chiefly to his Children to whom he always recommended the Fear and Love of God as that wherein himself had found his only Joy and Repose The following words are a part of one of his Letters to them which he wrote a little before his last going to England IN all crosses even of the highest nature there is no other remedy but Patience and with alacrity to submit to the good-will and pleasure of our Glorious Creator and be contented therewith which I advise you to learn in your tender Age having injoyed that Blessing my self and found great Câ—mfort in it while involved in the middle of infinite Dangers He was a constant Reader of the Scriptures and during his Imprisonment they were his only Companions other books being for a great while denied him and he making a vertue of that necessity became a diligent and serious Reader of those holy Oracles and studied to take the measures of his Actions from them and not from the foolish Dreams and Conjectures of Astrology though the enquiring after and taking notice of these be among the injurious Imputations Obloquy fastened upon him But so far was he from any regard to them that an Astrologer coming to him in Germany with a Paper wherein he said he should read a noble Fortune he after he had sent him away threw it into the fire without once openinâ— it and indeed he was so far from flattering himself with the
The King consults with them ibid. He goes to the Isle of Wight ibid. And writes to Lanerick p. 325. The Scotish Commissioners write to him p. 326. The Kings Answer to Lanerick ibid. The four Bills are passed p. 327. The Scotish Commissioners protest against them ibid. And write to the King about them ibid. The King is well-pleased with their Papers p. 328. They write again to him ibid. Another Letter to the King p. 329. The Kings Answer to them ibid. Designs against the Kings Person p. 330. Traquair is well with the King p. 331. The Scotish Commissioners advise the King p. 332. The King sends for them ibid. The Kings care of Huntley p. 333. The Queen writes to Lanerick p. 334. The Scotish Commissioners agree with the King ibid. The King is made Prisoner ibid. Lib. 6. Of the Duke's Engagement for the Kings Preservation and what followed to his Death THe Duke's endeavours in Scotland p. 335. Three Parties in Scotland p. 336. The Commissioners return ibid. The Church-men are jealous of them p. 337. The King writes to them ibid. Their Answer ibid. Lowdon forsakes them p. 338. The Duke is designed General ibid. The Parliament sits ibid. Commissioners from England ibid. The Remonstrance of the Ministers p. 339. The King writes to the Lords p. 340. Their Answers to him ibid. and p. 342. Satisfaction offered to the Ministers ib. Lanerick's Letters about their Affairs ibid. And about their Demands to the Two Houses ibid. And about the Declaration p. 343. And putting the Kingdom into a posture of War ibid. And the modelling their Army p. 344. The Prince resolves to come to Scotland ibid. The King designs an Escape ibid. Great disorders in England p. 345. Letters to the Queen and Prince p. 346. And to the King about the Officers of the Army ibid. The Ministers oppose the Engagement p. 348. The Parl. Letter to the Presbyteries ib. The Parl. sends for the Scotish Army in Ireland p. 349. The Confusions in England p. 350. A Fast at Westminster ibid. The Parl. of Scotl. adjourned p. 351. Some are against a present March ibid. A Letter of the Prince's ibid. Others press a speedy March p. 352. And it is resolved on p. 353. An Insurrection at Mauchlin ibid. Some Troops are sent to the Borders p. 354. The whole Army enters England ibid. The Chief Officers of it ibid. Calander's Character ibid. The Condition of the Army p. 355. An Account of their March ibid. Lambert retires ibid. A Letter from Langdale ibid. The Army marches into Lancashire p. 357. The Scotish Army comes out of Ireland ibid. The Cavalry leave the Foot p. 358. Preston-Fight ibid. Middleton's Gallantry p. 361. At Warrington-Bridge the Foot Capitulate ibid. The Horse come to Utoxater p. 362. A Munity ibid. They treat with Lambert p. 363. The Articles are signed p. 364. L. Gray of Groby comes up ib. The Duke is made Prisoner p. 365. And examined but discovers nothing ibid. The Engagement variously censured ib. Lauderdale was sent to bring the Prince to Scotland p. 366. The Prince intended to go ibid. But the loss of the Army stopt him p. 367. An Insurrection in Scotland ibid. Many in the Committee of Estates incline to submit to them ibid. But Lanerick opposed that long p. 368. An Account of the Irish Army ibid. They are called back to Scotland p. 369. And joyn with the Committee of Estates p. 370. And defeat Argyle at Sterlin p. 371. A Treaty is carried on ibid. Cromwel is invited to Scotland p. 372. Different opinions about the Treaty ib. Articles offered for a Treaty p. 373. The Answer sent to these Offers p. 374. The Treaty is concluded p. 375. But not at all kept ibid. Instructions sent to the Two Houses ibid. Lanerick goes out of Scotl. p. 377. His Letter to the Chancellour ibid. The Duke is brought to Windsor p. 379. Oft examined but in vain ibid. The King is murthered ibid. Majesty in Misery in a Copy of Verses written by the King p. 381. The Duke escapes out of Windsor p. 384. But is taken in Southwark ibid. And kept in St. James's ibid. Argyle refused to interceed for him p. 385. He is brought to his Trial ibid. The Inditement against him ibid. The Duke's Plea ibid. The second Appearance p. 386. The third Appearance ibid. The fourth Appearance ibid. The fifth Appearance Witnesses examined p. 387. The Duke pleaded the Articles given him p. 388. The sixth Appearance more Witnesses p. 389. The seventh Appearance more Evidence led ibid. The eighth Appearance the Duke pleads for himself at great length p. 390. The ninth Appearance his Counsel plead p. 392. The tenth Appearance the Counsel for the People plead against him p. 394. The eleventh Appearance Bradshaw's Speech p. 396. Sentence is given against him ibid. The Duke prepares for Death ibid. And writes to his Brother p. 397. And to his Children ibid. His Speech before his Death p. 398. He is led out to his Execution p. 400. And writes a note to his Brother ibid. New Offers of Life made upon base Conditions and rejected by him p. 401. D. Sibbald encourages him on the Scaffold ibid. The Duke's last Speech p. 402. And Prayer p. 404. His Death ibid. And Burial p. 405. His Character p. 406. His Birth and Parents ibid. His Person ibid. His Education ibid. His Marriage ibid. His Lady's Vertues p. 407. and Death ibid. His Religion ibid. His Abilities p. 409. His Loyalty ibid. His love to his Country p. 411. His Temperance ibid. His Ingenuity p. 412. His Good Nature p. 413. His Death much lamented p. 414. A Letter of the Queens p. 415. Another of the Kings ibid. Lib. 7. A Continuation of Affairs till Worcester-Fight THe Character of William Duke of Hamilton p. 417. His first Appearance at Court p. 418. He is made Secretary of State and Earl of Lanerick ibid. The Friendship between his Brother and him ibid. His Diligence in his Imployment p. 419. His Abilities ibid. His Religion ibid. His troubles prove happy to him p. 420. His care of his Brothers Daughters ibid. His Duty to the King p. 421. He was ill used by his Enemies p. 422. He advises the King to settle with Scotland ibid. The Treaty at Breda ibid. The Duke returns with the King p. 423. But is put from the King ibid. And lives in the Isle of Arran ibid. Cromwel enters Scotland p. 424. Dunbar-Fight ibid. The King is better used in Scotland ibid. The Church-party divided ibid. The Duke comes to the King p. 425. The King marches into England ibid. The Duke's Letter about their March p. 426. Lambert is beat from Warrington-Bridge p. 427. The K. comes to Worcester ibid. Cromwel follows â—im ibid. The King is in great straits p. 428. The Duke apprehends his own Death ibid. And prepares for it ibid. His Meditations before the Fight ibid. And Prayer p. 429. Worcester-Fight p. 430. The Duke's Regiment câ—arged gallantly ibid. The Duke 's great Valour ibid. He is wounded and taken p. 431. His wounds prove mortal ibid. His Letter to his Lady ibid. His Death p. 432. And Burial ibid. His last Will p. 433. A Leâ—ter with it to his Lady p. 434. The Conclusion p. 436. A Rational Method for proving the Truth of the Christian Religion as it is professed in the Church of England in Octavo The Royal Martyr and the Dutiful Subject in two Sermons Quarto both Written by Gilbert Burnet Author of Duke Hamilton 's Memoires and Printed for R. Royston Several Chirurgical Treatises by Rich. Wiseman Sergeant-Chirurgion to His Majesty Fol. New THE END
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