The memoires of the lives and actions of James and William, Dukes of Hamilton and Castleherald, &c. in which an account is given of the rise and progress of the civil wars of Scotland, with other great transactions both in England and Germany, from the year 1625, to the year 1652 : together with many letters, instructions, and other papers, written by King Charles the I : never before published : all drawn out of, or copied from the originals / by Gilbert Burnet ; in seven books.

MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton, &c. (Book 4)

LIB. IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment. (Book 4)

THE Marquis came to Edinburgh in the begin∣ning of Iuly,* 1.1 and found very many disgust∣ed with him for his late concurrence in the Council at York, as a Peer of England. He studied by all means to remove the wicked In∣sinuations, which some in England had sent to Scotland against the King: the most hurtful of them was, about his favouring of Popery, and his Designs of falling upon Scotland by Force, as soon as he had mastered the Two Houses. These were zealously pro∣pagated by the Emissaries from England, and all Places sounded with the danger Religion was in; so that he found his Negotiation was like to prove again unfortunate. The only means by which he had any hopes of engaging Scotland in the Kings Quarrel, was, to move that an Invitation might be sent from Scotland to the Queen for her return, (whom the Tumults at London had driven beyond Sea) that she might mediate for a Settlement betwixt the King and the Two Houses. This he judged might insensibly draw them on to own the Kings Service, for if the Queen came upon their Invitation, they would be obliged in Honour to protect her, and see that she met with no Injuries, and to resent such as should be done her; and therefore he sent a confident Friend to give His Majesty an account of the Posture things were in, according to the following Instructions.

[ I] SHew His Majesty with what a prejudicated Opinion I was received, by reason of what I have done at York, which I still lie under.

[ II] Shew in what Temper I found this Kingdom, occasioned (as I conceive) by the apprehension they have of His Majesties not observing what He hath already granted, if He shall be in a Condition to force them; see••••g it is be∣lieved, that what He hath given was against His Will. Next, divers emi∣nent Persons apprehend, that if He obtain His ends by Force, they will be neglected, and Persons obnoxious to this Kingdom cherished.

[ III] Shew that some activ•• m••n will not lie idle in so stirring Times; and therefore His Majesty would consider how to make use of them, lest otherwise they may be engaged, and with them the Kingdom.

[ IV] Shew that it will be impossible longer to delay the Meeting of the Commis∣sioners for Conserving of the Peace, and what my Part hath been therein; and therefore to Consider, if it were not fit they were called by His Majesties Warrant.

[ V] Shew that I could not think of a better way to serve Her Majesty (for the present) than by procuring an Invitation from the whole Kingdom for Her return; which Proposition if His Majesty conceive fit for His Service, and be acceptable to Her Majesty, I doubt not of the effectuating it, otherwise it shall here end.

[ VI] Shew that though I can be of no great use to His Majesty any where, yet I conceive more here than at York; for albeit I still say I can undertake for nothing, yet I may possibly be able to prevent Evil, if I can do no Good.

[ VII] Shew the miserable Condition of my Fortune, which occasioneth the not sending as yet the Moneys for entertaining the Horse, which if the sale of Land can procure, shall be quickly remedied.

In August following there was an Assembly, to which the King sent the Earl of Dunfermline Commissioner,* 1.2 with full Assurances of His Ma∣jesties Resolution to adhere to what was now settled by Law, and to encourage all good Motions for advancing of Piety and Learning: and it was also recommended to him, as his chief Work, to keep the Assem∣bly within their own bounds; that they might not meddle with Eng∣land, nor interpose in the Differences betwixt the King and the Two Houses. But this was not to be done, except by Authority backed with Force; for there came a Declaration from the Parliament of Eng∣land, which was very welcome to them, and had such a Return as they of England desired. For the Assembly declared Prelacy to be the great Mountain that lay in the way of the advancement of Religion,* 1.3 which must first be removed before the Church and Work of God could be established; and nothing the Kings Commissioner said, was able to divert them from this, so irresistible was their Zeal. They also sent a Petition to the Council, desiring them to second their Address to the King, for an Uniformity in Church-Government in all his Dominions; and like∣wise desired, that by reason of the Commotions were in England, the Council would call together the Conservatours of the Peace (this was a Court established by the late Parliament, to see to the Preservation of the Articles of the late Treaty with England.) The Council upon this recommended Uniformity in Church-Government, by a Letter to the King, wherein they desired also Warrant to convene the Con∣servatours of the Peace: the Assembly wrote also to the King to the same purpose.

The Marquis represented to His Majesty, that their Zeal for this U∣niformity was so great, that no Art could hinder them from Petitioning for it; but if they could be preserved from Deeds,* 1.4 their big words were to be answered with smooth Language.

But as for the Meeting of the Conservatours of the Peace, he laid out the hazard of it to the King; for if he refused to convene them, it would raise Jealousies in the Peoples minds, and there was ground to fear they would meet of their own accord, if they were not called; which would be an affront to the Kings Authority, and might preci∣pitate a Rupture. But on the other hand, there was no small danger in their Sitting, for of that number, some were likelier to disturb than conserve the Peace. To the Letters from the Assembly and Council the King wrote the following Answer.

CHARLES R.

BY your Letter to Vs of the 19^th of this Instant August, We find you concur with Our late General Assembly,* 2.1 in their Desire to Vs about Vnity of Religion, and Vniformity of Church-Government in all Our three Kingdoms; which cannot be more earnestly desired by you, than shall be re∣ally endeavoured by Vs, in such a way as We in Our Conscience conceive to be best, for the flourishing Estate of the true Protestant Religion. But as for Ioyning with Our Houses of Parliament here in this Work, it were improper for Vs at this time to give any Answer: for since their Meeting they have never made any Proposition to Vs, concerning Vnity of Religion, or Vni∣formity of Church-Government: so far are they from desiring any such thing, as we are confident the most considerable Persons, and those who make fairest Pretences to you of this kind, will no sooner embrace a Presbyterial than you an Episcopal. And truely it seems, (notwithstanding whatsoever Profession they have made to the contrary) that nothing hath been less in their minds than Settling of the true Religion, and Reforming such Abuses in the Church-Government, as possibly have crept in, contrary to the establish't Law of the Land: to which we have been so far from being averse, that We have by divers Declarations and Messages pressed them to it, though hi∣therto it hath been to small purpose. But when-ever any Proposition shall be made to Vs by them, which We shall conceive may any way advance the Vni∣ty of the true Protestant Religion, according to the Word of God, or esta∣blish the Church-Government according to the known Laws of this Kingdom, We shall by Our chearful Ioyning with them, let the World see, that nothing can be more acceptable unto Vs, than the furthering and advancing of so good a Work. So we bid you Farewell.

From Nottingham the 26^th of August, 1642.

All in Scotland called for the Conservatours Sitting, and said, that they must be on their guard,* 2.2 when War was like to be on their Bor∣ders; whereupon the Council ordered the Chancellour to convene them.

At this time all the Scotish Commissioners returned from London, eve∣ry thing that concerned the Treaty being expeded: but the Council thought it necessary to send the Earl of Lindsay, and Sir Iohn Smith, to lie there for Correspondence, of which they gave the King notice. With this His Majesty was highly displeased, for he said, they were ei∣ther

sent to Treat by vertue of the Commission from the Parliament, in which case they were not a Quorum, or by the Councils Authority: if so, then he asked who warranted them to do that without his Or∣der? yet to take away any ground of Heats or Jealousies, he impowered them to go, that they might see to the preserving the Articles of the Treaty. As for the Conservators of the Peace, he gave the Earl of Lowdon Warrant to convene them against the 22^th of September, and sent Mr. Murray of the Bed-Chamber, afterwards Earl of Dysert, with Instructions,* 2.3 to inform them of all had passed betwixt him and the Two Houses; whose account of the state he found things in, follows in a Letter to my Lord Lanerick.

My much honoured Lord,

* 3.1WHen I arrived here, your Brother was in Argyle; but upon know∣ledge of my coming, came himself, and brought that Marquis with him to Hamilton, whither the Chancellor went likewise, and there I atten∣ded all three.

I found them with the same Affections and Desires your Lordship left in them, but as they conceive, not so able to Act as they were then. They appre∣hend, the Parliament of England will be much higher in their Demands than at that time; as understanding now both the Kings Power, and their own, which were then but upon forming, and promised a greater Equality. The Kings two Messages to the Parliament have likewise so discredited His Ma∣jesties Affairs in this Country, that they fear many forward enough before, will now unwillingly engage in any way which may displease the Parliament; yet they are resolved to do their best, and I believe say little less in this in∣closed Letter, signed by all three.

His Majesty must expect in point of Religion, to be prest for Vniformity in Church-Government; and if His Majesty may be moved to publish some handsome Declaration satisfactory in that point, it would infinitely advance all his Affairs in this Country, and from hence have a powerful influence upon that.

The Parliament hath gained much here by their last Vote, and there is a ve∣ry fine Answer expected to their last Message sent by the Lord Maitland, which will extraordinarily confirm the former Correspondence; if the King do not something plausible in the same kind, timeously and unconstrained, the two Kingdoms will shut upon him in despight of what his best Servants can do.

Here is no Order for publishing His Majesties Declarations, and great care taken to the contrary, which occasions great prejudication in the common Peoples minds, and were very fit to be amended.

I am looked upon here with great Iealousie, yet it lessens because they see I am not busie. I am advised by your Brother, and the rest, for avoiding of suspicion to go up to Court, which (having dispatched some particular business I have of my own) I am resolved to do. They have entrusted me with these particular Queries, of which they desire His Majesties Resolution; if your Lordship find opportunity you may acquaint His Majesty with them They de∣sire likewise your Lordship may be sent down with a Letter to the Commissi∣oners full of Confidence, and allowing them all Freedom in their Consulta∣tions. In respect of this great Meeting, your Brother cannot make his Iour∣ney to Holland: no Act of that nature being now to be done, their Opinion and Authority not consulted: but I find them all right set in the thing, and truly so respective to the Queens Person, it did my Heart good to hear them.

All the Lords Conservators which are with you, will receive Summons: but it is not desired they should come down, and truly I believe their Presence will do more hurt than good.

I must intreat your Lordship to acquaint His Majesty with these Particulars, to receive his further Commands, and convey them to

My Lord,

Your Lordships faithful humble Servant, M. MVRRAY.

Edinburgh, 10^th Sept. 1642.

POSTSCRIPT.

The King must send to New-Castle Directions concerning his Ships, for their Victuals are quite spent; my poor opinion is, they should be sent to Hol∣land, where they may be safer, and attend the Queen.

What the Queries mentioned in this Letter were, appears not to the Writer: but for the Letters and Declarations the King sent to Scotland, they are all of one strain; and because the clearest and fullest was sent the next Summer, I shall refer all to that, which shall be set down in its proper place. Only I have here inserted an account of the Kings Affairs with the Two Houses, written by Lanerick to one in Scotland, (whose Name I find not set down but believe it was to Mr. Murray,) and cor∣rected with His Majesties Pen in some places.

SIR,

AS you desired me, I moved His Majesty for a Copy of the last Message to the Houses of Parliament, which you will herewith receive.* 4.1 His Maje∣sty hath not as yet had any Answer from them, but we are informed here, His Messengers have been far otherwise received than he expected, (since they were the Carriers of so good a Message:) for the Earl of South-Hampton, a better Poster than the Earl of Dorset came to the House upon Saturday last, and as he was going to take his place, he was called to, to withdraw. He said, he had a Message to deliver them from His Majesty, but received no other Answer than still a Command to withdraw, which at last he obeyed: then they sent the Black Rod to him, requiring him to send the Message to them by him; which he refused, having Commands to deliver the Message him∣self to the House. But they again pressed it, yet he still refused; at last they declared, that if any Evil did arise from the not delivering of his Message, they were free of it: whereupon he sent it to them by Mr. Maxwell, to which he received no other Answer, than their absolute Command immediately to remove from Town. The House of Commons were something more favourable to Sir John Culpeper, who after some Debate, was admitted into the House, (though not to his Place) but, as I am in∣formed, delivered his Message at the Bar, and thereafter was commanded to withdraw. It was then taken into Consideration, whether or not he should any more be admitted as a Member of that House; which was voted in his favours, so that it is like their Answer will be returned by him: which I hear will on∣ly be to let His Majesty know, that so long as his Proclamations are out against the Earl of Essex (and such others their Adherents, of whom they

account themselves to be) as Traytors, and the Standard up for raising of Men to suppress them; they account themselves as out of His Majesties Prote∣ction, and so incapable to Treat.

By this the World will see, whether His Majesty or they be the occasion of this War, and of all the Blood which is like to be shed in this unfortunate Kingdom. His Majesty hath left no means of Accommodation unessayed, for he hath even descended to make the first Offer of a new Treaty; so careful is He of His Subjects Lives, that for their Safeties, He is even prodigal of His Own Honour: and certainly he hath not a Subject that hath Honour, but will be sensible of the Extremities he is now reduced into. I wish our Countrymen may take it so to heart, as not to neglect this occasion of witnessing their Affections to His Majesty, by making some Overtures for such a Treaty, or offer of their Service to Him, (since His Majesty is abso∣lutely resolved to send no more Messages) as may be most for His Majesties Honour, and Peace of His Kingdoms: which if they shall refuse or despise, I hope we will not then forget, that it is our King that is reduced to this necessity, and that we will never look on unconcerned where he is so deeply engaged. I hope you will pardon the Trouble I give you in reading this long ill-written Letter; for had I not been Commanded to it, by a Power which God willing I shall never disobey, it had not been hazarded on by

Your most humble Servant, LANERICK.

Nottingham, the last of August 1642.

The Marquis took all the pains imaginable on Argyle and Lowdon, to perswade them to a cordial owning of the Kings Service,* 4.2 as the only way to give Scotland a lasting Interest in the Kings Affection, which also would make them famous all the World over. And since the Sco∣tish Troubles had involved the King in all His difficulties, it was just they should study to extricate him: and for the pretence of Religion, with which the English were cajoling our Scotish Clergy, he said he was to be pardoned, if he presumed to know them better than they could, assuring them that Religion was only pretended by them. He took al∣so a great deal of pains in many others, to prepare them against the day in which the Conservatours were to meet; to which Lanerick came with the following Letter from His Majesty.

Right trusty, &c.

* 5.1HAving been informed that upon Petition of the Commissioners from Our late General Assembly, Our Council thought fit, that you should meet for discharging of that Trust imposed on you by Vs, and Our Parliament, whereby all fair means may be used to prevent such Troubles and Divisions, as may interrupt or endanger the common Peace of Our Kingdom. And as it ought to be the continual study of all Good and Pious Princes, to preserve their Pe∣ople, so certainly it is the Duty of all Loyal and Faithful Subjects, to maintain the Greatness, and Iust Authority of their Princes; so that without this reci∣procal Endeavour, there can be no Happiness for the Prince, nor Security for the People. We are sure, Our late Actions in Scotland, will to all posterity be an acceptable witness of Our Care, in preserving the Liberty of those Our Subjects, and Our Desire to settle perfect Peace in that Our Kingdom. And We are also confident, that the many good Acts We have past here since the Sit∣ting

of this Parliament, (indeed denying none but such as denyed Vs any Power at all, and were never so much as demanded from any of Our Prede∣cessors) will bear the like Testimony of Our Affection to the Good and Peace of this Kingdom, though the success hath not been alike. For though We have used Our best Endeavours, to prevent the present Distractions and threatning Dangers: yet so prevalent have been the opposers of Vs, and the Peace of Our Kingdoms, that not so much as a Treaty can be obtained, (though by Our se∣veral Messages We have descended to demand and press it) unless upon such Conditions, as would either by taking all Power of Government from Vs, make Vs as nothing; or by forcing Vs to quit the Protection of such, as for obeying Vs (according to Law and their Oath of Allegiance) they would have Traytors, and so make Vs do an Act unworthy of a King. Yet so desirous We are to save Our Subjects Blood, (which cannot but be prodigally spent, if We be necessitated by force of Arms to decide these unhappy Differences) that no sooner any such Treaty shall be offered unto Vs by them, (which with Ho∣nour and Safety We can receive) but We shall chearfully embrace it. This We have thought fit to acquaint you with, that from Our Selves, you may know Our love to Peace, and We doubt not but your Meeting at this time will produce something which will witness your tender respect to Our Honour and Safety; and so much We do confide in your Affections, as We shall absolutely leave the ways and means of expressing it to your selves. So We bid you heartily farewell.

From Our Court at Stafford, the 18^th of September.

This so far prevailed with them at their first Meeting,* 5.2 that all things went very fairly; so that they sent a Return to the Kings Letters, with∣out making any Judgement on the Differences betwixt Him and the Parliament. They also resolved to Mediate betwixt the King and the Two Houses, and for that end, designed to send the Marquis to Holland, with an Invitation from Scotland to Her Majesty, for her Return to me∣diate a Peace betwixt the King and Parliament.* 5.3 And the Marquis got a Paper signed, by almost all the Lords, not only those who were the best-affected, but by Lowdon, Arg••le, Waristoun, Mr. Alexander Hender∣son, and the other Leaders of the Party, containing an Invitation for Her Majesty, to come to Scotland, with assurance of Security for Her Person, and the free exercise of Her Religion for Her Self and Fami∣ly, (so that no others were admitted to share in it;) and that they should concur with Her Majesty, in mediating a Peace betwixt the King and the Two Houses, which if it were rejected by the Two Houses they obliged themselves to engage for the King against them. This was car∣ried with great Address, and managed so prudently, that wise men cal∣led it the Master-peece of the Marquis his Life. Lanerick carried it to the King, to receive His Pleasure about it, a Note whereof follows, writ∣ten by Lanerick in general Terms.

DIvers of the most considerable of the Nobility of Scotland,* 5.4 have (by the Earl of Lanerick) humbly offered unto His Majesty their sense of the present Differences betwixt Him and His Parliament of England, which they conceive will hardly be reconciled so long as Her Majesty is at so great a distance; and therefore are perswaded, it would conduce much for Settling these Distractions, if Her Majesty might be moved to return and mediate in so good a Work: for which end the Marquis of Hamilton (if His Majesty think

fit, and conceive it may be acceptable to Her Majesty) will be ready to go to Holland, humbly to invite Her Majesty hereunto, in Name of this whole Kingdom of Scotland, who will as dutiful and faithful Subjects, humbly joyn their Endeavours and Mediation with Her Majesty, that His Majesty may have Honour and Contentment, and His People Happiness and Security under His Royal Government.

* 5.5The King at first welcomed this Proposition with a great deal of Joy, but upon other grounds, he thought not fit to listen to it; for his Affe∣ction to the Queen made him fear the hazard of Her Person so much, that this Proposition was not entertained, which the Marquis often re∣grated as a Loss which could never be recovered: for this raised Jea∣lousies in the minds of the Scotish Lords, as if the King had no Confi∣dence in them, which was cherished sufficiently by divers Male-contents, upon which the Marquis despaired of getting any good done in Scotland. All he judged possible thereafter, was to prevent, and provide against the Evil he feared, and that he prosecuted with all the Zeal he was master of; which His Majesty understanding by Mr. Mungo Murray Cupbearer, wrote him what follows.

Hamilton,

YOur Letter and this Bearer hath so fully satisfied me, (that I cannot be more confident in any thing than that you will (beside what you have) deserve that mark of Favour I intend you. You know me too well to have more words spent upon you; only this, I think unfit to trust particulars to Paper, having so trus••y a Messen∣ger, whom I stayed this long, expecting dayly a Battel: but now I think the Rebels want either Courage or Strength to fight, before they be forced. So referring you to my Servant Mungo, I rest

Your most assured constant Friend, CHARLES R.

Wollerhampton, the 27^th Octob. 1642.

The next Meeting of the Conservatours was on the 24^th of Novem∣ber,* 6.1 where their strain seemed much altered to the worse; yet they still resolved to interpose in a Mediation betwixt the King and the Parlia∣ment of England: whereupon they wrote both to the King and the Two Houses, for a Safe-conduct to such as they should send up.

At this time there were great Complaints of some encroachments made upon the Priviledges the Scotish Nation had enjoyed in France:* 6.2 for Re∣dress whereof the Council thought it necessary to send one to France, and made choice of the Earl of Louthian; and sent him first to the King, with the Instructions they had given him, that His Majesty might send him as His Minister, to negotiate that Affair. One of the Instructions, was to get the Marquis put in possession of the Honour and Revenue of Chastle-herault.

Upon the Earl of Lowthian's coming to Court, the Instructions he had from Scotland were called for by His Majesty; who judged he had no reason to allow this Precedent of His Subjects instructing His Agents to Foreign Courts, and these are yet extant among Lanerick's Papers.

But the King caused write them over in his Name, so that there was no ground from this, to charge any thing on the Marquis, as tampering with Foreign Princes, which was publickly done by his Enemies on this occasion; it having been ordinarily recommended by King Iames to all the Ministers he sent from Scotland to France. Neither was this done without the Kings particular Knowledge and Orders; for besides that the King gave that Instruction with the rest, he very seriously recom∣mended it by word of mouth to Lowthian's Care, as he informed the Writer.

After this the Marquis represented to the King, that it were fit he should send down some person of Quality to give fresh Assurances and Hopes, before they sent up their Commissioners:* 6.3 whereupon the King sent down the Earl of Lanerick, as the person who understood his thoughts best, and was ablest to second his Brother in advancing his Service. He came from Oxford in the beginning of December, and brought the following Letter from the King to his Brother.

Hamilton,

THough the Trust of this Bearer needs not a Credential Let∣ter,* 7.1 yet the Civility of a Friend cannot but under his hand, as well as by word of mouth, express his Kindness, and resentment of Courtesies; which of late have been such, that you have given me just cause to give you better Thanks, than I will offer at in in words. I shall not neglect the lazie use of so trusty a Bearer, by referring to him, not only the estate of my Affairs here, but like∣wise in what way you will be of most use to Me: yet I cannot but tell you, I have set up my rest upon the Iustice of my Cause, being resol∣ved, that no extremity or misfortune shall make me yield; for I will be either a Glorious King, or a Patient Martyr, and as yet not being the first, nor at this present apprehending the other, I think it now no unfit time, to express this my Resolution unto you. One thing more, (which but for the Messenger were too much trust to Paper) the sailing to one Friend hath indeed gone very near me; wherefore I am resolved, that no Consideration whatsoever shall ever make me doe the like. Vpon this Ground I am certain, that God hath either so totally forgiven me, that he will still bless this Good Cause in my Hands; or that all my Punishment shall be in this World, which without performing what I have resolved, I cannot flatter my self will end here. This accustomed Freedom will (I am confident) add chearfulness to your honest Resolutions, seeing beside Generosity, to which I pretend a little, my Conscience will make me stick to my Friends, assuring you, I have none if I am not

Your most assured constant Friend, CHARLES R.

Oxford, 2^d Decemb. 1642.

This excellent Letter will both shew, what pious Resentments His Majesty carried along with him in the greatest perplexities of his Affairs, and discover how he did not think that the Marquis had either negle∣cted or abused his Trust. Lanerick acted with more briskness, and spoke more home and roundly than his Brother, which preserved him in a high degree from the Jealousies, which the smoothness of his carriage brought upon him. Now the Pulpits were not idle, for the Ministers begun again to work on the People,* 7.2 for the Defence of the Good Cause now in hazard, which was ecchoed back with the applause of the Vulgar.

* 7.3At this time the Marquis his Friendship with Argyle grew to a Cold∣ness, which after a few moneths turned into an Enmity; for he finding Argyle so backward in all motions for the Kings Service, and that he could not be prevailed upon to continue in a Neutrality in the English quarrel, broke with him.

There was then in Scotland one Pickering, an Agent from England, who studied to poyson all with Misinformations of the Kings Proceed∣ings and Designs.* 7.4 He wrote to Mr. Pym, that he found good inclina∣tions with all in Scotland, to own their Quarrel, and declare for them; only the Marquis with his Friends resisted it so powerfully, that till he were laid aside, the success of his Negotiation was to be feared. Wherefore he advised to proceed against him roundly, and either to summon him to the House of Peers, or to send down a Warrant to pur∣sue him in Scotland as the Incendiary betwixt the two Kingdoms: and he sent threatnings of this to the Marquis; but he found his firmness to the Kings Service was proof against all Attempts, and he could nei∣ther be caressed, nor cudgelled out of it. Most of Pickering's Letters, both to Pym and Clotworthy, were intercepted, from which I draw these Accounts.

About the 20^th of December there was a Council-day, (a particular account whereof I shall give,* 7.5 as I have it from a Copy of a Letter writ∣ten to London) in which the Chancellour presented to the Council a Letter from my Lord Lindsay (then at London) with the Declaration of the Parliament. But though the Lords of that Party knew nothing of this, yet by private Letters Lanerick had some conjectures of it be∣forehand. After the Parliaments Paper was twice read, Lowdon resu∣med it fully, and assoon as he had done with that, Lanerick delivered another Letter from the King, with as large a Declaration within it: and after it was twice read, Lanerick bade the Chancellour resume it, as faithfully as he had done the former; which accordingly he did. The first thing the Marquis thought best to move, as that of the least Im∣portance, which yet would discover how the Council was inclined was the Publishing the Kings Declaration. The Lord Balmerino said, the Parli∣ament desired not theirs to be published, so it were Officiousness to do it; but that it were Injustice to publish the one without the other. The Marquis asked, was that because we owed as much to the Parliament of England, as to the King? Lanerick added, he had a Command from the King for it. Argyle answered, they sate there to good purpose, if e∣very Message to them was a Command; and they two let fly at one a∣nother for a while with much eagerness. But the Marquis and Balme∣rino took the debate off their hands, and managed it more calmly. The Marquis said, the Vote was to be stated, Obey or Not obey: the other

answered, that was the Bishops way of proceeding, to procure Orders from the King without Advice, and then charge all who offered bet∣ter Counsel with Disobedience. The Marquis said, to what did they mean to reduce the Kings Authority, if he might not set out Declarati∣ons, for removing the Aspersions were cast on his Person and Govern∣ment? or would they speak plainly, were they afraid that his Subjects might have too good an opinion of him, if they heard himself? There appeared a variety of Opinions before it was put to the Vote, some were for Printing both, some were for Printing neither, some for Prin∣ting the Kings and not the Parliaments; and one had a singular Opini∣on, for Printing the Parliaments, and not the Kings. There were one and twenty Councellours present, and it being put to the Vote, Print or not Print, there were eleven who voted I, I, I, and nine voted No, No, No. This being carried that the Kings Declaration, and not the Parli∣ments should be Printed, the Marquis moved next, that the matter of these Declarations might be considered. But the Lord Balmerino said, the Parliament of England was long in contriving their Paper; and the King, and those about him, had been no doubt, as long in forming the other; and if we shall fall upon a few hours Consideration, to give our sense of them, we were pretty fellows in faith, which he twice repeated. This rude Raillery touched the Marquis in the quick, because he con∣ceived these words were not so much a reflexion upon himself, as on the King, who (on another great occasion) had used the same expre∣ssion. However they had sate and debated long, so they gave it over for that day. This is set down more particularly, because it was the first instance that these two Parties fell visibly asunder: and henceforth they continued stated in two Factions. But because I love not to name persons upon invidious occasions, henceforth all the other Faction shall be designed by the General term of the Church-party, (others calling them Argyl's Party) and the other the Hamilton-party. However the Declaration was printed, which drew a large share of Censure and Ha∣tred on the two Brothers; but the King was so well pleased with their Behaviour, that he wrote the Marquis the following Letter.

Hamilton,

YOu know I am ill at words: I think it were best for me to say to you (as Mr. Major did) you know my mind, and indeed I know none of my Subjects, that knows it better; and having for the present little else to give my Servants but thanks, I hold it a particular Misfortune that I can do it no better, there∣fore this must suffice. I see you are as good as your word, and you shall find me as good in mine, of being

Your most assured constant Friend, CHARLES R..

Oxford, December 29^th 1642.

* 8.1POSTSCRIPT.

You cannot take to your self, nor express to your Brother, better thanks than I mean to you both, for the Service you did me the last Council-day.

Anno 1643.

THe next Year begun with Petitions, which were brought from di∣vers Shires and Presbyteries, complaining of their Publishing the late Declaration; but the Conservatours of Peace (who were for the most part of the Church-party) made this up the best way they could;* 8.2 for first, they declared a Publication was not an Approbation; next, they appointed the Parliaments Declaration to be also Published. At this time the Marquis and Traquair renewed their old Friendship: and seeing these Petitions coming in so fast, which did clearly insinuate desires of engaging in the Parliaments Quarrel, he with his Brother's and Traquair's advice, contrived a Cross Petition to be offered to the Lords of Council. And as the Motion of it came first from him, so the first draught of it was from his Pen, of which I find an account un∣der Lanerick's hand: so little reason there was to charge him with Jug∣gling in that matter; though it was not fit, he should have owned it, lest upon that account the Church-party might either have accused him as a Plotter, or at least cast him from Sitting and Judging in it. The Pe∣tition follows.

May it please your Lordships,

* 9.1THat whereas His Majesty, with Advice of his Great Council the E∣states of Parliament, hath been pleased to select your Lordships to be His Councellours, and hath, by an Act of the late Parliament, committed to your Lordships the Administration and Government of this Kingdom, in all Affairs concerning the Good, Peace, and Happiness thereof; and in regard of that great Trust reposed by His Majesty, and the Estates of Parliament in you, your Lordships have been and will continue so careful to acquit your selves of that weighty Charge, as you may be answerable for all your Actions and Pro∣ceedings to His Majesty, and the Estates of Parliament, to whom (as we conceive) you are and can only be accomptable: And now we being informed of a Petition presented by some Noblemen, Gentlemen and others, to the Com∣missioners, for conserving the Articles of the late Treaty, upon pretext of your Lordships not Sitting at that time, wherein it is represented, that your Lord∣ships late Warrant for Printing His Majesties Letter hath occasioned great Grief and heavy Regrate, of all who tender the Glory of God, His Majesties Honour, and procuring Vnity of Religion, and Vniformity in Church-Go∣vernment, the continuance of Peace, and Vnion betwixt the two Kingdoms, and fearing if at this time, we should be silent, your Lordships should conceive us, and the rest of the Kingdom, to be involved with them in the like Desires, Iudgements and Opinions, and lest by our silence our Gracious Soveraign the Kings Majesty should believe us wanting in the Duty and Allegiance, which

by so many Tyes and Obligations we owe to Him, our Native King, or that our Brethren of England should apprehend the least Intention, ••r Desire in us, to infringe, or any ways to encroach upon the Brotherly Vnion of the two King∣doms, so happily united under one Head; We presume in all Humility to clear our selves, and our Intentions to your Lordships, and to all the World, and therewith, to represent our humble Wishes and Desires, for Establishing His Majesties Royal Authority, and continuing that happy Vnion betwixt the two Kingdoms, which can never truely be conceived to be intended to weaken the Head, whereby it is knit together, and without which it can have no sub∣sistence.

The happy Vnion of the two Kingdoms under one Head, our King, doth so much add to His Majesties Greatness, and Strength of both Kingdoms, that we British Subjects cannot choose but wish that the said Brotherly Vnion be heartily entertained, and cherished by all fair and reasonable means, to which we conceive no one thing will so much conduce, as that the late Articles of the Treaty of Peace, and Conclusions taken thereupon about Vnity of Reli∣gion, may be carefully and timeously prosecuted: wherein as our Commissioners then, so we now without presuming or usurping to prescribe Rules, or Laws of Reformation to our Neighbour-kingdom (Civil Liberty and Conscience being so tender that it cannot endure to be touched, but by such as they are wedded to, and have lawful Authority over them) notwithstanding, seeing the duty of Charity doth oblige all Christians to pray and profess their Desires, that all were of the same Religion with themselves, and since we all acknowledge that Re∣ligion is the base and foundation of Kingdoms, and the strongest Bond to knit the Subjects to their Princes in true Loyalty, and to knit their Hearts one to another in true Vnity, we cannot but heartily wish, that this work of Vnion so happily begun, may be crowned and strengthened by the Vnity of Church-Government; and that your Lordships with us may be pleased to repre∣sent it to His Majesty, and Both Houses of Parliament, as an expression and Testimony of our Affections to the good of our Brethren in England, and of our Desires to make firm and stable our Brotherly Vnion by the strong chain and Bulwark of Religion: but, as we have said, no ways intending thereby to pass our bounds, in prescribing, and setting down Rules and Limits to His Majesty, and the Two Houses of Parliament, their Wisdom and Authority, in the way of prosecution thereof. The sense we have of the great Calamities, and irreparable Evils, which upon occasion of these unhappy Distractions and Mistakes betwixt the Kings Majesty and the Two Houses of England, (which if not speedily removed cannot but produce the fearful and prodigious effects of a bloody and Civil War) obligeth us in the duty of Christians, and as feeling members of what may concern our Common Head, the Kings Majesty, and the Good and Happiness of our Brethren of England, humbly to represent to your Lordships, That as we will not be wanting with our Prayers, and our faithful and best Endeavours, to assist in the removing of these unhappy Mistakes and Misunderstandings: so we heartily wish, and humbly Petition your Lord∣ships, that from the deepness of your Wisdom such happy Motions may flow, as upon that tender care of our Soveraigns Person and Authority, Peace and Truth may be settled in all His Majesties Dominions. Although we will not presume nor take upon us, to prescribe Laws and Rules to your Lordships, yet in all Humility we intreat your permission, to represent such Particulars as we conceive, and are very confident, will conduce much to the removing of all ••hese Mistakes betwixt His Majesty and His Two Houses of Parliament, and be a ready mean to facilitate a happy and wished Peace, and continue the Bro∣therly Vnion between the Two Kingdoms.

And first, that in answering the foresaid Petition your Lordships may be pleased to do no Act, which may give His Majesty just occasion to repent him of what Trust he so Graciously expressed (in his Letter of the Date the fifth of December) He reposes in us His Subjects of His Ancient and Native King∣dom; for we cannot think, that our Brethren in England, or any other, can believe, that the ground of this Mutual Vnion of the two Kingdoms, by the several and respective Vnions to our Prince and Head, should weaken the strong Bond, whereby it is knit, and by which we are so firmly tied, by so many Ages, and unparalelled lineal descents of an hundred and seven Kings. Neither can we suppose, that any good Protestant, or true member of our Church, can imagine, far less seduce others to believe, that by the late Treaty of Peace, or Act of Vnion, we as Scotish Subjects are in any sort liberated from the Dutiful Obedience, which as Scotishmen we owe to our Scotish King, or from that due Loyalty, which as Scotish Subjects we owe to our Native Sove∣raign, for Maintenance of His Person, Greatness and Authority; or that there∣by, we are in any other Condition in these necessary Duties to our Soveraign, than we and our Ancestors were, and have been, these many Ages and De∣scents, before the making of the said Act, or before the Swearing and Subscri∣bing of our late Covenant, by which we have solemnly sworn, and do swear not only our mutual Concurrence, and Assistance for the cause of Religion, and to the utmost of our power, with our Means and Lives, to stand to the Defence of our Dread Soveraign His Person and Authori∣ty, in the preservation of Religion, Liberty, and Laws, of this Church and Kingdom; but also in every Cause, which may concern His Maje∣sties Honour, we shall according to the Laws of this Kingdom, and Du∣ty of Subjects, concur with our Friends and Followers in quiet manner, or in Arms, as we shall be required of His Majesty, or His Councel, or any having His Authority.

Secondly, That if your Lordships think it fitting, to make any answer to the Parliament of England their Declaration, your Lordships may be pleased not to declare, enact, or promise, any thing which may trouble or molest the Peace of this Kirk and Kingdom; which by God's special Grace, and His Majesties Favour and Goodness, we enjoy and have established unto us accor∣ding to our Hearts desire, by the Laws Ecclesiastical or Civil of this King∣dom respectivè, and which His Majesty since, by so many Declarations and deep Protestations hath Sworn to maintain inviolably.

Thirdly, That your Lordships may be pleased to consider, that as nothing will more diminish His Majesties Greatness, than that this Kingdom should consume in Civil War; so nothing will more conduce to the Suppressing of in∣solent Papists, malignant, schismatick, and Disloyal Brownists, and Separa∣tists, the special, if not the sole promovers of these unhappy Misunderstand∣ings, than that heartily and freely, without respect of worldly and secondary Considerations, we give to Christ what is Christ's, and to Caesar what is Cae∣sar's; by means whereof, the Truth and Purity of Religion shall be establish∣ed, to the utter Confusion of all these Sectaries, true Monarchical Government firmly setled; by which likewise, Laws and Authority shall retain their anci∣ent vigour and force, to the Suppression of all Commotions and tumultuous Conventions, the bane and overthrow of all true Religion and Policy.

Fourthly, Although there be nothing farther from our minds, than to pre∣sume to question, or crave of your Lordships an account of your Actions, know∣ing perfectly by the inviolable Laws and Customes of this Kingdome, that to be only proper and due to the King and Parliament, from whence you have

that great Charge and Trust delivered unto you: yet we hope your Lordships will give us leave, in all Humility to remember your Lordships of your Deliverance June 1642. and are confident, that the said Lords, the Petitioners, neither have, nor shall have, necessity to trouble themselves, nor the Council with Sup∣plications of this kind, and that your Lordships in your Wisdom will take some Course for preventing all occasions, which may in any sort disturb the Peace of this Kingdom, or make Division among the Subjects thereof.

This Petition was signed by a great many Noblemen, and Gentlemen;* 9.2 but though they took much pains to get Ministers to concur in it, yet none of them could be drawn to it. This Petition was presented with many hands at it to the Council; and it was observed, that as it was written by a trusty Friend of the Marquis's; so also all his Friends sign∣ed it, which made the Author suspected, and did shew that his Friends adhered (hitherto) to their Duty, and his Example. All the Answer the Councellors returned to it, was, that they should be careful to pro∣ceed as they should be answerable:* 9.3 But the Preachers threatned Dam∣nation to all the Authors and Subscribers of it, and detestable Neutrali∣ty became the Head on which they spent their Eloquence. The Com∣mission of the General Assembly passed a severe Censure on the Cross Petition, in a Remonstrance they gave in against it, which was answer∣ed by a Counter-remonstrance. Upon these cross tides of Petitions, that were offered to the Council, the Conservatours of the Peace resol∣ved to send some Commissioners to London,* 9.4 to Mediate betwixt the King and the Two Houses, and endeavour chiefly the Uniformity of Church-Government; for which end the Commission of the Kirk was also to send their Commissioners, to second them in it: and no resistance could be made to this, that was able to obstruct it. They also moved, that the King should be desired to call a Parliament in Scotland. The Mar∣quis and his Friends opposed this vigorously, not that he was against a Parliament, but judged the Motion unseasonable; and thought the Time prefixed at the last Parliament, for the next, to wit, after three years, needed not be anticipated. It was also put in their Instructions to their Commissioners, to press the King to put all Papists from his Per∣son. The Marquis and his Friends also opposed this, not upon the ac∣count of the thing it self, but because it seemed to cast a Scandal upon the King, as if his Religion were to be suspected. But the Church-party was strongest in this Meeting of the Conservatours, and so carried every thing in it. The Safe-conducts being come, they named their Commissioners, the Chancellour being the chief of them; and though Lanerick in the Kings Name excepted against the Lord Waristoun, and produced the Kings Warrant for it; yet they named him, but were so wise as not to send him. They were also so discreet, that they appoint∣ed the Commissioners to go first to the King. Things being thus de∣termined, Lanerick took the start of them; but they were at Court be∣fore him, he being detained by a Garrison of the Parliaments for some days.

In the end of February he came to Oxford,* 9.5 where he gave the King an account of the present state of the Scotish Affairs, and that it was the Advice of His Majesties truest Friends in Scotland, that he should enter∣tain the Commissioners with the best words he could give them, but should not by any means suffer them to go to London; since there were

great grounds to fear, they would engage too deep in the Quarrel if they went thither. This Advice agreed so with the Kings Inclinations, that it could meet no resistance in his thoughts. When the Commissioners arrived they delivered their Message; but the King repeated what was formerly told them, That Scotland and England had different Laws and Interests, and therefore it was to give the one Kingdom too great an advan∣tage over the other, to suffer them to come and be Vmpires in the present Differences. They pressed their Desires as warmly as they could, but all was in vain, for the King would by no means suffer them to go to London; and in particular he told the Earl of Lowdon, what grounds He had to believe they designed to raise an Army for the Parliaments Quarrel, and that some of his fellow-Commissioners would prove Incen∣diaries rather than Mediators. But Lowdon with great Protestations deni∣ed that they designed to raise Arms; and said to the King, These were but the Misrepresentations, with which the Marquis and his Brother abused His Majesty. As for the Calling a Parliament, the King said he saw no reason for it, and therefore would not anticipate the Day that was alrea∣dy prefixed for it. But to the Commissioners from the Assembly, the King gave the following Answer; which I set down in his own Words, having it written all with His Majesties own Hand.

HIs Majesty commends the Zeal of the Petitioners for the ad∣vancement of the true Reformed Religion, against Heresy, Po∣pery▪ Sects, Innovations, and Profanity, and always shall use His best and uttermost endeavours, for Advancing the one, and the utter Suppressing the rest.

For the Vnity in Kirk-Government, His Majesty knows, that the Government now established by the Laws, hath so near a rela∣tion and intermixture with the Civil State, (which may be un∣known to the Petitioners) that till a composed digested Form be presented to him, upon a free debate by Both Houses of Parliament, whereby the Consent and Approbation of the whole Kingdom may be had, and He and all His Subjects may discern what is to be left, or brought in, as well as what taken away, He knows not how to consent to an Alteration, otherwise than to such an Act for t••e ease of Tender Consciences, in the matter of Ceremonies, as His Majesty hath often offered.

And His Majesty hath formerly expressed Himself (and still con∣tinues) willing, that the Debates of Religion may be entred into by a Synod of Learned and Godly Divines, to be regularly c••osen, according to the Laws and Customs of this Kingdom; to which end His Majesty will be very willing, that some Learned Divines of the Kirk of Scotland may be likewise sent to be present, and offer their Reasons and Opinions.

This was the Success of that Negotiation; but because the Reader may wonder how Lowdon, and the Marquis came to be in such terms, I shall set down the occasion of their Breach.

When Lowdon was to go up, the Marquis resolved on a Course that should either stop his Journey, or make him so obnoxious to the King, that he should not dare to act contrary to his Duty; which was this. Lowdon had purchased from the King a Right to the Annuities of the Tythes, that was confirmed to His Majesty by Act of Parliament, whereupon the Marquis caused the following Petition to be drawn by Traquair's Advice.

To the Kings most Excellent Majesty, the Humble Petition of the Noblemen, Barons, and Gen∣tlemen, occasionally met at Edinburgh.

Humbly Sheweth, THat whereas Your Majesty at Your late being in Scotland, being humbly moved to disburden and liberate the Subjects of this Kingdom of the Annuity due to Your Majesty out of the Tythes,* 10.1 were pleased in that only Par∣ticular to delay to give us our Hearts desire, and now out of the sense of the great Burdens that lye on us, and in Confidence of the Continuance of Your Majesties Fatherly Care of the Good of Your Subjects, we presume humbly to supplicate Your Majesty, to be Graciously pleased in this Particular to dispense with Your Own Benefit: or at least, till Your Majesty be informed of the true state thereof, to discharge Execution against us for the said Annuities. And for Your Majesties incomparable Goodness and Gracious Favours, we shall, as in duty bound, behave our selves in every thing as becometh Loyal and Faith∣ful Subjects. As we have unanimously endeavoured, so shall we still continue to return such thank••ul Acknowledgment, as may give to Your Majesty a real Testimony of our zealous Affections to Your Majesties Sacred Person, Honour, and Greatness, derived upon Your Majesty by so many unparalelled Descents, and as Your Majesty may expect, and justly challenge from the Allegiance of us Your Majesties most obedient and obliged Subjects.

16^th February 1643.

The last words of this Petition were by the first draught so concei∣ved, as would have amounted to a Bond of Mutual Defence and Adhe∣rence, which the Marquis thought might draw on a Rupture, and occa∣sion a pursute as against Plotters; therefore, since this Paper was to be avowed and publick, he judged such Expressions as were smooth and general were fittest for their Design.

This Petition was signed by him, and a great many of the Nobility: he also sent it up and down, all the places where he or his Friends had Interest, to get Subscriptions to it. This was generally lookt upon as a well-couched Bond, both by such as took it, and those who refused it; and yet this smoothing of the Expressions of it, was represented by the Marquis's Enemies, as done in prejudice to the Kings Service. These Petitions were sent immediately to the King; upon which great

Complaints were made, as if by these immediate Addresses, the Judica∣tories of Scotland had been neglected: but the King justified that part of it in an Answer he wrote to the Council; and for the thing it self, he resolved to keep Lowdon under the fear of it, and therefore delayed to make any Answer.

In the end of February Her Majesty landed at Burlingtown, whither the Earl of Montrose went to represent to Her the hazard of a new Re∣bellion in Scotland,* 10.2 and that the only way to prevent it, was to take the start of them before they were ready; and with a great deal of for∣wardness offered his Service in that Design, adding, that he had great Assurances of a considerable Party, who he knew would own the Kings Quarrel: but he did not condescend on the particular way of prosecu∣ting it, so that the Queen was not satisfied of his being able to effectuate what he undertook. Mean-while the Marquis hearing of Her Majesties Landing, went to wait on Her, to whom She proposed the Earl of Montrose's Offer; but he studied by all means to divert Her from listning to it, upon the following Grounds.

The King had settled a Treaty with Scotland,* 10.3 and till that were vio∣lated on their part, he knew His Majesty would never consent to a Ru∣pture on his part: and the King had so often and so lately, in his Let∣ters and Declarations, protested, he was resolved unalterably to adhere to the late Settlement; that if he should now authorize the first Breach, it would bring an indelible stain upon his Honour, and create a perpetual Dif••idence in his Subjects of all his Concessions and Assurances. He conf••ssed he had great Fears of Scotland, and therefore would undertake for nothing but his own Faithfulness, and Diligence; yet he hoped to get things kept in Agitation all that Summer, so that for that Year there should not be a Scotish Army in England. But that was the utmost of his Hopes; yet it was much fitter to spin out things as long as could be, than to precipitate them by an over-hasty Rupture: besides, he could not see, how any Hopes could be conceived from that design of Force. There was never a Castle nor Strength in Scotland in the Kings Power, to which they might retire. The Vulgar were still at the Ministers de∣votion, and by late and fresh experience they saw them all as one man resolved to die in the Defence of the Covenant; and any handful of Gentry could be gathered together, would signifie nothing, but to ex∣pose their own Throats to their Enemies Rage, and the Kings Authori∣ty to their Hatred and Scorn: so there remained no hopes but in the Highland-men, which he accounted as good as none. Their two chief Heads where the Marquis••es of Huntley and Argyle; the former was not to be much rested on, being unable to do what so brisk an Under∣taking required, and they knew well what to expect from the other. Besides, any Companies could be brought down from the High-lands, might do well enough for a while; but no Order could be expected from them, for assoon as they were loaded with Plunder and Spoil, they would run away home to their Lurking-holes, and desert those who had trusted to them. And after all this, there was a Scotish Army in Ire∣land, which was now well trained and disciplined, consisting of ten thousand men, who were for the most part at the Covenanters devo∣tion, and these would be instantly brought over, there being no way to stop their Passage: and it was not to be imagined, that any Body of an Army could be raised in Scotland able to resist that Force. Upon

these Reasons it was, that he not only disswaded the Queen from con∣senting to a present Breach, but resisted it as long as was possible; yet he undertook for none but himself, of which he put the Queen fre∣quently in mind, and the utmost of his expectation was to drive off Matters for that Year. And in this both my Lord Traquair and Mr. Murray concurred with him, and desired the whole Matter might be laid before His Majesty, that his Pleasure might be made known about it; but after a few days waiting on the Queen, the Marquis returned back to Scot∣land.

The Scotish Commissioners continued all this while at Oxford,* 10.4 giving in Papers, and receiving Answers, but advancing nothing; and the last Answer they got from His Majesty the 19^th of April, containing both the Substance of their Papers, and of His Majesties former Answers, will give a clear account of the Grounds on which His Majesty went. The Paper follows.

IT is acknowledged by His Majesty, that if any one of the Articles of Treaty had been broken or violated, (as His Majesty doth not so much as see pretended) or any Debate or Difference had risen thereupon, (about which there is now no Dispute) the Commissioners had then been not only warranted, but obliged to have laboured to prevent all Troubles and Divisions, which might arise by such a Breach to the disturbance of t••e Common Peace, and to remove and compose all such Differences, according to such Power as was granted to them: but till His Majesty be satisfied, that Authority (by some Law) is given to the Com∣missioners for Conserving the Articles of Treaty, to represent His Majesties Na∣tive Kingdom of Scotland, in this Offer of Mediating for a desired and bles∣sed Pacification here; His Majesty cannot see how the pious, dutiful, provident or charitable, Concernment of that Kingdom in the Calamities of this, or their Sympathy and sense of the Troubles of their Head, and fellow-Subjects, can in∣teress the Commissioners, any more than any other of His good Subjects of that Kingdom, to bestir themselves in Matters of that kind: or why any such Endeavours should be by any (much less universally) expected from them; so far is he from seeing that any undeclinable Necessity constrained them to it. And since the express words of the Act of Pacification it self are, that the Pow∣er of the Commission shall be restrained to the Articles of Peace concluded in the Treaty, His Majesty cannot but wonder, whence they can pretend any Obliga∣tion or Authority to meddle with, or press him concerning any such Articles, as are not included, but still left dependent, how important soever they suppose them to be, (even to the Common Peace:) And it giving them only liberty to convene to that effect among themselves, or with the Commissioners chosen by His Majesty with consent of the Parliament of England, and restraining them in all their Proceedings to the Power granted to them, in manner afore∣said and no otherwise, as clearly intending to restrain all Power that might be pretended to by any Inserences, Analogies or Consequences (how manifest soever they might appear) and requiring them to consist of the number of Twelve, and not giving them Power to delegate a smaller number; His Maje∣sty cannot consent, That that number the Laws allow not (that is, Three) should address themselves to those the Law hath not appointed them (this is, Both Hous••s) not only concerning that which the Law intrusted not to them, (as a Paci∣fication here) but even concerning that from which the Law expresly restrains them, that is, one of the Articles of the Treaty no way concluded, or agreed on, but expresly reserved by the Parliament to be considered in due time, that is, in

their own time, concerning Church-Government, the intermixture of which with the Civil State, as His Majesty still conceives to be very great, and of very high Concernment, and not to be understood by the Commissioners, who have not the knowledge of the Laws and Policy of this Kingdom; so His Majesty is confident, (notwithstanding the Declaration, and Bill abo∣lishing the Order of Bishops) that if they well knew, how generally any thing of that kind was opposed whilst the Houses continued full, and how the Major part of Both Houses were absent at the passing of that Declaration and Bill, (in so much that His Majesty, is credibly informed, that there were not above five Lords present when the Bill past) and what violent and tumultuous As∣semblies had occasioned so great and unusual Absence, they would be confident, as he is, that in a full and peaceable Convention of Parliament, Both Houses will appear to be of the same opinion with His Majesty in this Particular, and to have in that the same thoughts of the Law and Policy of this Kingdom.

His Majesties care that the deluge of the Troubles of this Kingdom affect not that with the danger of the like, is very visible to all the World. His Ma∣jesty out of His great desire of continuing t••em in Peace and Tranquillity, not desiring any assistance from them, even for His Own Preservation. And who∣ever doth desire any Commotion there, to assist their Rebellious and Invasive Armes here, will (He hopes) be lookt upon as the Troublers of Peace, and as Incendiaries labouring to lay foundations of perpetual Hostility betwixt the Two Kingdoms. And then (for ought His Majesty can see) there will be no cause to expect any Commotions there, and such Dangers will rather prove imagina∣ry than real, though the Conservatours of the Treaty contain themselves with∣in their legal and proper Bounds. His Majesty wonders, that since His appro∣bation of their Mediation was desired when His Safe-conduct was asked, and the first was not given, when the latter was, that it should not have been easily seen by these Proceedings of His Majesties, that as He never granted the first, (as seeing no Authority they had for such a Mediation) so He only at last granted the other, as being contented to hear what they could say to Him upon that Point, either as private persons, or to give Him better satisfaction than He could give Himself, what Right they could pretend to any Publick Capacity of that kind: but having heard all they have offered, and not finding any thing that warrants them in this, in any special manner above His Majesties other Subjects, His Majesty cannot with reason admit of any private Persons whatsoever into such a Publick Capacity, nor with His Own Dignity, and that of this Nation, can allow His Subjects of another Kingdom, not authorized by any Law, to make themselves (under the title of a Mediation) Vmpires and Arbitrators of the Differences here.

For the Calling of a Parliament in Scotland, His Majesty desires to know what Promise of His it is, which they mention Him to have particularly ex∣pressed to His late Parliament. The Law which His Majesty then Graciously past concerning that Point, His Majesty well remembers, (and will justly, pun∣ctually, and religiously observe it, together with all the rest consented to by Him,) that the Parliament there shall convene upon the first Tuesday of June, 1644. And, according to the same Act, will appoint one betwixt this and that Day, if His Majesty shall think fitting; who as He is by that very Law expressed to be sole Iudge of that Convenience, so the Commissioners are neither by that, nor any other Law, entrusted, or enabled to Iudge thereof.

At Oxford, 19^th of April. 1643.

In the beginning of April Reports came to Scotland, that their Com∣missioners at Oxford were under Restraint; whereupon the Conserva∣tours met, and ordered their speedy Return.* 11.1 The Marquis wrote also to the King, that their Return should be by no means stopped, or delay∣ed; otherwise he might expect present Disorders in Scotland: but with∣all he told him, he apprehended upon their Return, some great Reso∣lution would be taken; therefore he desired His Majesty would send down all the Scotish Lords that were about him, who might by their Votes in Judicatories, or by their Interest in the Country, advance the Kings Service in Scotland. He likewise desired His Majesty might divide his Trust in Scotland among those Noble persons,* 11.2 whose Fidelity he did not suspect, that thereby both himself might be delivered from the odium▪ and danger of acting alone in such tender Points, and in that ticklish Time; as also for a further Encouragement of those, who were resolved to adhere to His Majesty: and with this he wrote the following Letter to Her Majesty then at York, under whose Address his Letters to the King were to go.

May it please Your Majesty,

THere is as yet small or no Alteration in the Condition of Affairs in the Country, since I presumed to trouble Your Majesty last;* 12.1 nor do I believe there will be any till the fourth of May, at which time it is probable, the fi∣nal Resolution of the Council and Commi••sioners for Conserving the Articles of the Treaty will be taken. It is still conceived, that His Majesties absent Servants would be of great use at that time; and the uncertain knowledge, if they will come or not, keeps us that are here, from a positive Resolution what Course to take therein; therefore I humbly beseech Your Majesty, let us know if by appearance we may expect them or not.

There is a general noise, as if the Lord Chancellour and the rest of the Com∣missioners, were not only kept as Prisoners, but in some further Danger. By Mungo Murray Your Majesty was advertised, that it was conceived fit, that seeing those that sent them had so positively recalled them against the fourth of May, they should be dispatched against that Time. In our opinions there was no Danger now to be apprehended by their Home-coming, but there would arise great Inconveniences if they should be detained: of that same Iudgment we con∣tinue to be still.

We do likewise humbly intreat, that we may know, if what was proposed to Your Majesty by my Lord of Traquair, Mr. Murray and my self, be come to His Majesties knowledge: and if we may expect the signification of his Plea∣sure against the fourth of May, in these Particulars, which we exceedingly wish.

By the Lord Montgomery Your Majesty will know, how far the General hath promised his best Endeavours, that His Majesty shall receive no prejudice from the Army under his Commandin Ireland; the same he hath confirmed to me with deep Protestations, and truely I take him to be a man of that Honour that he will perform it.

But the Truth is, it will be a Work of great difficulty to keep these Men there any time, seeing there is little appearance that Money will be got from the Parliament of England, and how to raise any considerable Sum here, as yet we see not; so even in this we desire to know Your Majesties Pleasure and Directions, what Course will be fitest to be taken; and if Your

Majesty shall find it expedient, that we engage our Fortunes for their Sup∣ply, many of us will do it to the last Peny, and none more readily than,

May it please Your Majesty,

the humblest, most faithful, and most obedient, of all Your Majesties Servants, HAMILTON.

Peebles, 21^st April, 1643.

* 12.2But at Oxford the Commissioners insisted warmly, for a Permission to go to London for Mediating; and His Majesty persisting in his Refu∣sal, the Lord Chancellour resolved on making a Protestation, that His Majesty, by not suffering them to go to Westminster, had violated the Safe-conduct. My Lord Lindsay, who was ordered to come from Lon∣don, and second the Chancellour in this Negotiation, did all he could to divert him from that Resolution; but the other said, he had positive Orders from Scotland: he was also peekt with the Petition about the Annu∣ities, and got a great disgust by a Letter of his Ladies, which not coming under a right Cover had been intercepted, and brought to His Majesty, wherein severe things were said against the Kings Cause and Party; and particularly the Marquis was bitterly enveighed against, for having gi∣ven himself up so intirely to the Kings Service, that he designed the Ruin of all who opposed it. The Chancellour came, and made his last Ad∣dress to the King, for liberty to enter on a Mediation betwixt Him and the Two Houses: adding, that if that were denyed, he would be con∣strained to Protest in the Names of them who sent him, that His Maje∣sties Conduct was violated. But the King was not shaken with it, only he took the Chancellour apart, and used many perswasions to divert him from it, and made him great Offers if he would comply with his Desires: for the King apprehended, that it might have precipitated a Breach be∣twixt Him and Scotland. But the Chancellour said, he acted by a Trust committed to him, which he must discharge faithfully, and obey the Orders sent him, from those in whose Name he came; and said much to assure the King, there was no design in Scotland to own the Quarrel of the Two Houses against His Majesty, and protested, he should die rather than concur in such Courses. But this did not satisfie His Majesty, whereupon finding the Chancellour could not be wrought upon, his next Attempt was upon Lindsay, to whom he spake with more Freedom, and told him in how great a Strait he was; for it seemed, if he refused to allow their going to Westminster a Breach might follow betwixt him and his Native Kingdom: but on the other hand, he could not permit them to go, both because of the Reasons he had alledged, and the Fears he had of their engaging with the Parliament; and chiefly, that all his Councellours and Officers at Oxford were so far against it, that he heard it was whispered amongst them, that they would all for∣sake him if he gave them leave, since they held themselves assured that the Design of their going was to bring an Army from Scotland: wherefore he intreated Lindsay would serve him in that Particular, which he undertook frankly, though he added he had small hopes, since he had already attempted as much as he could with no Success. But as he left His Majesty, he made a Visit in his way to his Lodgings, where he met the Earl of Crawford, who told him plainly, That though the King

should consent to their going to London, thither should they never get; for a great many were resolved to lie in their way, and cut them all to pieces ere they were many miles from Oxford. This he confirmed to him with many Oaths, adding, that as the King knew nothing of it, so it would not be in his power to hinder it; and out of kindness to my Lord Lindsay, he advised him not to go, though the Chancellour went. With this Lindsay came to his Lodgings, and shewed the Lord Chancellour the hazard, not only their Lives would be in, but of the irreparable Breach would follow upon it; which being considered by them, it was resolved they should pass from their Desires, and crave the Kings Com∣mands for Scotland, since they would not offend him by the importuni∣ty of an unacceptable Mediation; which they accordingly did, to His Majesties great satisfaction. And so they took leave, the Chancellour with the other Commissioners going for Scotland; only Lindsay returned to London. Upon this His Majesty sent all the Scotish Lords, then at Court, to Scotland to serve him there, who were the Earls of Morton, Roxburgh, Kinnoul, Annandale, Lanerick, and Carnwath; but before they could be dispatched, he sent Mr. Murray to Scotland with an ac∣count of his opinion about the Services his Friends might do him there; who came by York, and brought from the Queen the following Letter to the Marquis, in answer to what he had written to Her Majesty: which (though written in French, as all Her private Letters were, yet) I shall set down, translated in English, that all may run more smoothly.

Cousin,

I Received your Letter with the assurances of the Continuance of your A••fection, of which I hold my self secure, and make no doubt to see both the effects of it, and of that which you promised me at your parting, concerning my Lord of Argyle. Will. Murray came yesterday from Oxford: as for News from hence, I refer you to Henry Jermine, who will give you an account of them; I shall only tell you, that the Scotish Lords, who were with the King, are on their way for Scotland, so likewise are the Commissioners that were with the King. You will know from Will. Murray the Kings Answers, to the Propositions which you made me at York. I am ve∣ry glad to know by Your Letter, as likewise by what my Lord Mont∣gomery hath told me, the Protestations General Lesly makes concerning the Armies in Ireland; and now when all the Kings Ser∣vants shall be together, you must think of the means for preserving that Army: for my part I know not what to say farther about it, I am now upon my going to the King, and hope to part hence within ten dayes. If there be any thing that hath occurred of late, I shall be glad to know it, and that you will believe how much I am

Your affectionate Cousin and Friend, HENRIETA MARIA R.

About the beginning of May, Lowdon and the other Commissioners came down, and a day after them came the Earl of Morton, who told the Marquis,* 13.1 that in a few days he should see the Earls of Roxburgh, Kin∣noul, and Lanerick, with the Kings Instructions; but by reason of Kin∣noul's Infirmity, and Roxburgh's Age, they moved slowly. On the 21^th of May the Iunto of the Church-party moved, that there might be a Joynt-meeting of the Council and Conservatours of the Peace, and Commissioners for Publick Burdens, to consider of the present State of Affairs. The Marquis and Morton resisted this all they could, but they were over-ruled, and so these Judicatories met: to them it was propo∣sed, that considering the hazard the Nation was in, by reason of Armies, which were now levying in the North of England, there was a necessity of putting the Kingdom in a posture of Defence, which could not be done without a Convention of Estates or a Parliament; where∣fore it was moved, that a Convention of Estates should be presently called. The Marquis argued much against it, shewing that this was to encroach upon the Kings Prerogative in the highest degree, and so would be a direct Breach of the Peace with the King, and against the Laws of the Land; adding, Was this all the Acknowledgment they gave the King for his late Gracious Concessions, for this struck at the root of his Power? In this he was seconded by my Lord Morton, but most vigorously by Sir Thomas Hope the Kings Advocate, who debated against it so fully, from all the Laws and constant Practice of Scotland, that no Answer could be alledged; and indeed discharged his Duty so faithfully, that the Marquis forgave him all former errors for that dayes Service. But it was in vain to argue, where the Resolution was taken on Interest more than Reason; so it was carried, that the Lord Chancel∣lour should summon a Convention of Estates against the 22^th of Iune.* 13.2

This Resolution being taken, they gave Advertisement of it to the King in the following Letter, which all who Voted against it refused to sign.

Most Dread Sovereign,

THe extreme necessity of the Army, sent from this Kingdom by Order from Your Majesty and the Parliament here, against the Rebellion in Ireland; the want of means for their necessary Supply, through the not pay∣ment of the Arrears and Maintenance due to them by the Parliament of England; the delay of the Payment of the Brotherly Assistance, so necessary for the relief of the Common Burdens of this Kingdom, by reason of the un∣happy Distractions in England, and the sense of the danger of Religion, of Your Majesties Royal Person, and of the Common Peace of Your Kingdoms, have moved Your Majesties Privy Council, the Commissioners for conserving the Peace and Common Burdens, to joyn together in a Common Meeting, for acquitting our selves in the Trust committed to us by Your Majesty and the Estates of Parliament; and having found after long Debate, and mature De∣liberation, that the Matters before-mentioned are of so Publick Concernment, of so deep Importance, and so great Weight, that they cannot be determined by us, in such a way, and with such hope of Success, as may give satisfacti∣on to Your Majesty, serve for the good of this Your Majesties Kingdom, and as may make us answerable to the Trust committed to us by Your Ma∣jesties Parliament; We have been constrained to crave the advice and reso∣lution of a Convention of the Estates to meet June 22^th, which, as according

to the obligation and duty of our Places we are bound to shew Your Majesty, so do we humbly intreat, that against the Time agreed upon by Common Con∣sent, Your Majesty may be Graciously pleased to acquaint us with Your Plea∣sure and Commandments, that Matters may be so determined, as may most serve for the Honour of God, Your Majesties Service, and Well of Your King∣domes; which now is, and ever shall be, the earnest desire and constant en∣deavour of

Your Majesties faithful and humble Subjects and Servants,

• Lowdon Cancellarius,
• Leven
• Argyle
• Cassilis
• Dalhousy
• Lauderdale
• Balmerino
• Yester
• Burghley
• Balcarres
• Gibson-Dury
• T. Myrton
• Tho. Hope
• A. Johnstoun
• T. Hepburne
• J. Hamilton
• J. Home
• T. Wauchop
• T. Raffrerland
• T. Bruce
• J. Smith
• Edward Edgar
• J. Binny
• W. Glendoning
• Hugh Kennedy
• G. Gourdon

Edinburgh 12^th May 1643.

Three dayes after this came the Lords who were sent down, who being all met, Lanerick delivered the following Instructions from His Majesty.

CHARLES R.

Instructions to Our Right Trusty and Well-beloved Cousins and Councellours, Iames Marquis of Hamilton, William Earl of Glencairn, Robert Earl of Roxburgh, George Earl of Kin∣noule, David Earl of Southesk, William Earl of Lanerick.* 15.1

THat you endeavour by all fair and lawful Means to prevent Division [ I] among Our Subjects in Scotland.

That you give all the Assurances in Our Name which can be desired, of [ II] Our Resolution to preserve inviolably the Government of that Kingdom, as it is now established by Assemblies and Parliaments.

That you take what Courses you shall think most fit, for causing Print and [ III] Publish, either in Scotland or at York, Our Declaration which We now send with you to that Our Kingdome, and all such other Papers as We shall hereafter send thither, or which you shall conceive may conduce to the good of Our Service; and for that purpose, make use of such Blanks as We have thought fit to entrust you with.

That seeing We perceived by Pickering's Letters, Our Two Houses of Par∣liament [ IV] intend to send Commissioners or Agents to Scotland, you shall en∣deavour by all fair Means, to hinder any of Our Iudicatories to Treat with them, and for that purpose make use of any of the foresaid Blanks.

That seeing We conceive it would exceedingly conduce to the good of Our [ V] Service, that the Lords of Session would explain the Commission granted by Vs and Our Parliament to the Conservatours of the Treaty, you shall for that purpose likewise make use of the foresaid Blanks, either to them all in gene∣ral,

or to such of them in particular as you shall think most fit.

[ VI] That you endeavour to hinder the liberty which (possibly) Ministers may take to themselves in the Pulpits, of Censuring Our Actions, or stirring up the People against Vs, and to that purpose make use of the said Blanks to the Council or Commissioners of the Assembly, as you shall think ne∣cessary.

[ VII] That in case you apprehend any danger to Our Service from the Return of the Scotish Army in Ireland, you shall declare Our readiness, to contribute any thing which is in Our Power for the Maintenance thereof, even to the En∣gaging of our Revenues in Scotland, for raising Moneys to be so imployed; and to that end you shall make use of the foresaid Blanks.

[ VIII] If you shall find it necessary, you shall likewise make use of some of the Blanks to the Council, declaring expresly Our Pleasure, That that Army shall not be recalled until We be acquainted therewith, and to the Earl of Leven, discharging him to obey any Orders whatsoever for that end, until he know Our further Pleasure.

[ IX] If you shall find it necessary, you shall make use of some Blanks to Our Council, recalling all former Commissions which have been granted, for Le∣vying and Transporting of Men out of that Kingdom over to France or Holland.

[ X] You shall make use of these Blanks to some of Our Council and Exchequer, for discharging the Arrears, and disposing a plenary Right of the Annuities to those particular persons that have Petitioned Vs thereabout, and to surcease all execution against all others until the 31^th day of August next.

[ XI] You shall make use of these Blanks to such of Our Council and others, as you shall find fit, for encouraging them to attend the Meetings of Our Council, and to continue the Testimonies of their Affection to Our Service, with assu∣rance of Our Resentment thereof.

[ XII] We do hereby authorize Our Secretary the Earl of Lanerick, by your Ad∣vices to fill up these Blanks, and to Sign them with Our Court-Signet; and for his and your so doing, this shall be your Warrant.

C. R.

From Oxford the 21^th April 1643.

Besides this, Lanerick told that it was the Kings positive Pleasure, that the first Breach should not come from his Party; but they should draw out things as long as was possible, before they hazarded on a Rupture.

As for the Kings Declaration, the first draught whereof is extant, mark∣ed and corrected by the Kings Hand, it being so home and clear, though very long, I shall not contract it, but set it down at length.

His Majesties Declaration to all his loving Subjects in His Kingdom of Scotland.

CHARLES R.

AS there hath been no mean left unattempted which the malice and wit of Rebellion could devise, to infect and poyson the Affections and Loy∣alty of Our good Subjects of Our Kingdom of England, and to withdraw their Hearts from Vs by the most pernicious and desperate Calumnies, that could be invented to under-value and lessen Our Reputation with Foreign Princes, by Injuries and Affronts upon their Publick Ministers, and by pre∣suming to send Agents qualified for Negotiation without Our Consent, and in truth, to expose Vs, and Our Royal Authority to Scorn and Contempt, by assuming a Power over Vs; so the pernicious Contrivers of these bloody Di∣stempers have not delighted in any Art more than in that, by which they have hoped to stir up Our good Subjects of that Our Native Kingdome of Scotland to joyn with them, and to infuse in them a jealousie and dis∣esteem of Our true Affection, and Our Gracious Intentions towards that Na∣tion. To this purpose they have used great Industry to convey into that Our Kingdom, and to scatter and disperse there divers Seditious Pamphlets, framed and contrived against Our Person and Government, and have sent Agents of their own to reside there; and to promote their Designs, one of whom lately resident there, one Pickering, by his Letters of the 9^th of Ja∣nuary to Mr. Pym, assures him of the Concurrence of that Kingdom, and that the Ministers in their Pulpits, do in downright terms press the Taking up of Arms, and in another of his Letters to Sir John Clotworthy, sayes, that the Trumpet sounded to the Battel, and all cryed, Arm, Arm, with many other bold, scandalous, and seditious Passages, very derogatory from the Duty and Affection, which We are most confident Our good Subjects of that Our Native Kingdom bear to Vs. To this purpose they traduce Vs with raising and making War against Our Parliament, of having an Army of Papists, and favouring that Religion; of endeavouring to take away the Liberty and Property of Our Subjects: and upon these grounds they have presumed by a Publick Declaration to invite Our good Subjects of Our King∣dom of Scotland to joyn with them, and to take up Arms against Vs their Natural Liege Lord. Lastly, to this purpose they endeavour, as well in Publick as by secret Insinuations, to beget an apprehension in them, that if We prevail so far here, as by the blessing of God to preserve Our self from the Ruine they have designed to Vs, the same will have a dangerous influ∣ence upon that Our Kingdom of Scotland, and the Peace established there; and that Our good Laws lately established by Vs for the Happiness and Wel∣fare of that Our Native Kingdom will be no longer observed, and main∣tained by Vs, than the same Necessity, which they say extorted them from Vs, hangs upon Vs, but that We will turn all our Forces against them: a Calumny so groundlesly and impiously raised, that if We were in any degree conscious to Our Self of such wicked Intentions, We should not only not ex∣pect a dutiful Sense, in that Our Native Kingdom, of Our Sufferings; but should think Our Selves unworthy of so great Blessings, and eminent Prote∣ction as We have received from the hands of the Almighty, to whom We know

We must yield a dear Accompt for any Breach of Trust, or failing of Our Du∣ty toward Our People.

But as We have taken special Care, from time to time to inform Our good Subjects of that Our Native Kingdom of the Occurrences here, particularly by Our Declaration of the 12^th of August, wherein is a clear, plain Narrati∣on of the beginning and progress of Our Sufferings to that time; so the bold and unwarranted Proceedings of these Desperate Incendiaries, have been so publick to the World, that Our good Subjects of Scotland could not but take notice of them, and have observed, that after We had freely and volun∣tarily consented to so many Acts of Parliament, as not only repaired all former Grievances, but also added whatsoever was proposed to Vs, for the future benefit and security of Our Subjects, insomuch as in truth there want∣ed nothing to make the Nation compleatly Happy, but a just sense of their own excellent Condition, a few discontented, ambitious, and factious Per∣sons so far prevailed over the Weakness of others, that instead of receiving that return of Thanks and Acknowledgment, which We expected and deser∣ved, Our People were poysoned with Seditious and Scandalous Fears and Iealousies concerning Vs; We were encountered with more unreasonable, and importunate Demands, and at last were driven through Force and Tumults to flee from Our City of London, for the Safety of Our Life. After which We were still pursued with unheard-of Insolences and Indignities, and such Members of either House as refused to joyn in these unjustifiable. Resolutions, were driven from these Councils, contrary to the Freedom and Liberty of Parliament, insomuch that above four parts of five of that Assembly was likewise forced, and are still kept from thence; Our Forts, Towns, Ships and Arms, were taken from Vs, Our Money, Rents, and Revenue seized and de∣tained; and that then a powerful, and formidable Army was raised, and con∣ducted against Vs, (a good part of which was raised and mustered, before We had given Our Commissions for Raising one Man) that all this time We never deny'd any one thing, but what by the known Law was unquestionably Our Own; That We earnestly desired and pressed a Treaty, that so We might but know at what price We might prevent the Miseries and Desolation that were threatned; That this was absolutely and scornfully refused and rejected, and We compelled with the assistance of such of Our good Subjects as came to Our Succour, to make use of Our Defensive Arms for the Safety of Our Life, and Preservation of Our Posterity. What passed since that, Battel hath been given Vs, Our Own Person and Our Children endeavoured to be destroyed, those unheard-of Pressures have been exercised upon Our poor Sub∣jects by Rapine, Plundering, and Imprisonment, and that Confusion which is since brought upon the whole excellent Frame of the Government of this King∣dome, is the Discourse of Christendom. We are very far from making a War with, or against Our Parliament, of which We Our Selves are an essential part: Our principal Quarrel is for the Priviledges of Parliament, as well those of the Two Houses as Our Own; if a few Persons had not, by Arts and Force, first awed, and then driven away the rest, these Differences had ne∣ver arisen, much less had they ever come to so bloudy a Decision. We have often accused these Persons against whom Our Quarrel is, and desired to bring them to no other Trial than that of the Law of the Land, by which they ought to be tried. As We have been compelled to take up these De∣fensive Arms for the Safety of Our Life, assaulted by Rebellious Arms, the Defence of the true Reformed Protestant Religion, scornfully invaded by Brownists, Anabaptists, and other Independent Sectaries, (who in truth

are the principal Authors, and sole Fomenters of this unnatural Civil War) for the Maintenance of the Liberty and Property of the Subjects, malici∣ously violated by a vast unlimited Arbitrary Power, and for the Preserva∣tion of the Right, Dignity, and Priviledges of Parliament, almost destroy∣ed by Tumults and Faction: so what hath by Violence been taken from Vs, being restored, and the Freedom of Meeting in Parliament being secured, We have lately offered (though We have not been thought worthy of an An∣swer) to Disband Our Army, and leave all Differences to the Tryal of a full and peaceable Convention in Parliament, and We cannot from Our Soul desire any Blessing from Heaven more, than We do a peaceable and happy End of these unnatural Distractions.

For the malicious groundless aspersion of having an Army of Papists; though in the Condition and Strait to which We are brought, no man had reason to wonder if we received assistance from any of Our Subjects of what Religion soever, who by t••e Laws of the Land are bound to perform all offices of Duty and Allegeance to Vs; yet it is well known, that We took all possible Care, by Our Proclamations, to inhibit any of that Religion to repair to us, which was precisely and strictly observed (notwithstanding even all that time We were traduced as being attended by none but Pa∣pists, when in a Month together there hath not been one Papist near Our Court) though great numbers of that Religion have been with great alacrity entertained in that Rebellious Army against Vs, and others have been se∣duced, to whom We had formerly denied Imployment, as appears by the ex∣amination of many Prisoners, of whom We have taken Twenty and Thir∣ty at a time, of one Troop or Company, of that Religion. What Our O∣pinion is of that Religion, Our frequent Solemn Protestations before Al∣mighty 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 Con∣science and Vnderstanding could suggest, to be for the promoting and ad∣vancing 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 Prote∣stant Religion, for the prevention of the Practices of Papists against the State, and the due Execution of the Laws, and true Levying of Penal∣ties 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 whol∣som 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 Nati••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 King∣dom. 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 Cove∣nant, and their Obligation of Friendship and Brotherhood with the Kingdom of England, not to suffer themselves to be misled and corrupted in their Affe∣ctions and Duty to Vs, by the cunning Malice and Industry of those Incendi∣aries 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 Ambi∣tion. And We require Our good Subjects t••ere, to consider that the Persons, who have contrived, fomented, and do still maintain these bloody Distracti∣ons, 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 Privi∣ledges and Freedom of Parliaments.

With these Publick Orders His Majesty also sent the Marquis a Patent to be a Duke,* 16.1 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,* 16.2 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 ••efore cherished Walden's Motion; but they were told, that they could not fix any Censure on that Matter, without judging of the whole Bu∣siness; 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 a∣gainst it, which was not yet done. The force of this Reasoning con∣strained them against their Hearts, to yield much more than the Au∣thority of the Kings Commands, who having got notice of it from the Earl of Lindsay, wrote down to Scotland, peremptorily com∣manding them to desist from any such pursute if it were begun; re∣quiring also his Advocate to appear for them in His Majesties Name if they were pursued.

The Earl of Lanerick wrote to the King what follows.

May it please Your Majesty,

I Shall here Humbly presume to let Your Majesty know, that before any of Your Scotish Servants, who lately parted with Your Majesty at Oxford,* 17.1 could possibly come hither, the Chancellour had made his Report to the Coun∣cil and Conservatours of the Treaty, and Mr. Henderson to the Commissi∣oners of the General Assembly, of their Employments to Your Majesty, where Your Answers to their Desires were found not satisfactory, and thereafter Your Majesties Council, Commissioners for the Treaty and Common Burdens, ha∣ving joyned together for giving of Security, for such Moneys as should be levy∣ed, for the Maintenance of Your Majesties Scotish Army in Ireland, they thought fit (without admitting of any delay until Your Majesties Pleasure were known) to call a Convention of the Estates, as their several Acts and Proclamations to that effect (here inclosed) will more particularly shew Your Majesty.

And for the present Your Majesties Servants, who came lately hither, ha∣ving only met with three or four of those whom Your Majesty appointed them to consult with, have thought fit to advise with some others of the same Af∣fection and Forwardness to Your Majesties Service, before they presume to give Your Majesty any Advice upon the present Occasions, being matters of so great Weight, and so highly concerning Your Majesties Service: but they have taken the readiest and most speedy Course they can think upon, for Meeting and Consulting with them; and thereafter are immediately to return hither; from whence they will with all diligence offer unto Your Majesty their humble Opinion. In the mean time I have dispatched Your Majesties Letters to such Noblemen and Burroughs, as Your Majesty was pleased to direct me, shewing Your Resolution of preserving here what you have been pleased so Graciously to establish in Church and State, not having been able to deliver Your Majesties

Letter to Your Council, who were dissolved before my coming, and my Lord Chancellour is gone out of Town, without whose Appointment there can be no extraordinary Meeting; so that I believe Your Majesties Gracious Declara∣tion to Your Scotish Subjects cannot be published before that time; nor till then can I be able to give Your Majesty any further account of Your Affairs here, though in the mean time I shall study to serve Your Majesty faithfully, according to the Duty of Your Majesties

Most humble and most faithful, and most obedient Subject and Servant, LANERICK.

Edinburgh, 18^th May. 1643.

In the end of May, there was a Meeting of about thirty Noblemen, where these two Questions were proposed;* 17.2 First, if it were fit for the Kings Service that the Convention should be suffered to hold; Next, if it held, whether those who were well-affected to the Kings Service should fit in it. There were three or four Days spent in debating upon these Heads: some moved, that since by the calling of this Convention the other Party had so far encroached upon the King, they should pre∣sently break with them: this Motion came chiefly from other Lords, who would not come to that Meeting. But it was answered that the King, as he would not give Commissions for raising an Army in Eng∣land, till he knew the Parliament had first done it on their side; so it was his positive Pleasure that his Party should not make the first Breach, which the King judged so much for his Honour, that no Considerati∣on could move him to dispense with it: yet these who made that Pro∣position, were desired to lay down ways, how it could be made effectu∣al, since it was Madness, and not Courage, to hazard the Ruine of the Kings Service and Friends, without at least a likelyhood of being able to carry it through with some Success.

All things being examined, it was concluded that the following Mes∣sage should be sent to His Majesty, which was set down in a Paper, da∣ted the 5^th of Iune; but because of the War in England, they com∣mitted it verbally to a Trusty Bearer, lest it had been interce∣pted.

A Convention was indicted by the Chancellour, and such others of the Council as have signed His Majesties Letter thereabout, with the Advice and Concurrence of the Committees for conserving the Treaty and Common Bur∣dens to be kept at Edinburgh the 22^th of June: whereby it is conceived His Majesty suffers exceedingly in His Regal Authority, in the Calling thereof without his Special Warrant. A Proclamation for the Indicting thereof is likewise issued forth in His Majesties Name, expressing a danger to Religi∣on, His Majesties Person, and the Peace of this Kingdom, from Papists in Arms in England, which in that appears to be contrary to His late Declara∣tion sent to Scotland.

Hereupon divers Noblemen and Gentlemen well-affected to His Majesties Service met at Edinburgh, and after three or four days Debate, considering the exigency of Time, the present posture of Affairs, and the disposition and inclination of the People of this Country, did not conceive it fitting, that His Majesty should absolutely discharge that Meeting, (which certainly would be

kept notwithstanding of any Discharge from Him, which would both bring His Authority in greater Contempt, and lose more of the Affections of the People, whereby the Power of His Majesties Servants would be lessened) but rather that His Majesty should so far take notice of the Illegal Calling thereof, and His Own Suffering thereby, that the same remaining upon Record may be an evidence to Posterity, that this Act of theirs can infer no such Precedent for the like in the future; but afterwards His Majesty, or His Successors, may Le∣gally question the same. And that His Majesties Servants here may be better enabled, and strengthened with the assistance of others of His Majesties faithful Subjects, who truly and really intend nothing but the Security of Religion as it is here established, and are altogether averse from and against the Raising of Arms, or Bringing over the Scotish Army in Ireland, where∣by His Majesties Affairs, or their own Peace may be disturbed, they con∣ceive it fit, that His Majesty should permit this Convention to Treat, and conclude upon such Particulars, as may secure their Fears from any danger of Religion at home, without interessing themselves in the Government of the Church of England. And in respect that the Two Houses of Parliament have not sent Supplies for Entertaining the Scotish Army in Ireland, where∣by they may have some colour or ground for recalling them, it is concei∣ved necessary, that this Convention should have a Power from His Majesty, to advise and resolve upon all fair and Legal wayes for Entertaining the said Army still in Ireland, and for recovering payment of the Brotherly Assistance: providing always, that in the doing thereof no Resolution be taken for Levy∣ing of Forces, or doing any Act, whereby this Kingdom, or any part thereof, may be put in a posture of War, or under any pretence to bring over the Scotish-Army in Ireland, or any part thereof, without special Warrant from His Majesty; wherewith if such as shall meet at this Convention rest not satisfied, His Majesties Servants here are resolved to Protest, and adhere to these Grounds, and to oppose all other derogatory to His Majesties Authority, or prejudicial to His Service.

The Duke by the same Bearer wrote to Mr. Iermine, since Earl of St. Albans, what follows, which is set down to shew how far he was from abusing their Majesties, or any about them, with hopes of a good issue of Affairs in Scotland.

Noble Friend,

THere is so much said to this Bearer by word and in writing that I shall add but little thereto; only this, which I have often said,* 18.1 Time is preci∣cious, and would not be lost while we are quiet: how long that will be, for my own part I cannot tell, so many unhappy Accidents have intervened of late that His Majesties Service is much prejudiced thereby; I mean not so much your Misfortune at Wakefield, as other Particulars which you will be informed of. Howsoever think not that I am discouraged, for never was Man more resolute to oppose all that shall endeavour the Dis-service of the King than I am, and there are considerable men in this Country of the same mind. But I ever feared our want of Power, and never more than now; Resolution we want not, but Means how to put that in execution: and therefore I say, build no confidence, but that you may receive great Prejudice from hence, notwithstanding all we can be able to do, which will be as much as you can expect from Men of Honour, so deeply ingaged as we are. Having thus freely expressed my thoughts to you, it is e••sie to conjecture, what Advice I would give; you are Iudicious, and so I shall

conclude in a word, Lose no Opportunity that is offered to end your business, either by one means or other, and esteem of me as

Your most obliged Friend, and humble Servant, HAMILTON.

Holyrood House June 5^th 1643.

He wrote also the following Letter to Her Majesty.

May it please Your Majesty,

I Had not presumed to have troubled Your Majesty with any thing from me, if Your Letter I received from Mr. Murray had not encouraged me to hope for Your Majesties Pardon;* 19.1 I shall then humbly beg, this may rather be believed an effect of Obedience than Boldness.

Vpon Tuesday last I delivered to His Majesties Council a Letter from Him to them, wherein was inclosed a Declaration to His Scotish Subjects, which was unanimously appointed to be Printed and Published: but the Let∣ter they have written in Answer to His Majesty (a Copy whereof I have presu∣med to send Your Majesty) did receive great opposition, and with difficulty was carried.

Since there hath been no Publick Meeting, but it is like there will be one appointed upon Wednesday next, where they that came last from His Ma∣jesty are to be accused as Incendiaries.

The great Offers are to be made from t••e Two Houses of Parliament, are like to work much upon the Affections of this Country, being seconded with an alledged hazard to Religion and Government from Papists, pretended to be in Armes in England and Ireland; a popular (though groundless) Induce∣ment for taking Arms in this Kingdom; to which though many Noblemen (and divers of the Gentry) have hitherto been averse, yet I both doubt t••e Continuance of their Resolutions, and the Power of these few who must and will oppose it. The Authority the other Party receives from the Iudicatories, the absolute Power they have of the Magazines and Ammunition, the popu∣lar Pretences they have of a danger to Religion and Liberty, gives them so great advantages, that I cannot but apprehend great Disservice to His Ma∣jesty from hence, if the Differences betwixt Him and His people of England be not quickly decided either by Treaty or Force.

The Resolutions about the Convention of the States, of such well-affected Noblemen and Gentlemen as are accidentally now in Edinburgh, Your Majesty will know from the Bearer, the Particulars being of that nature, as are not without hazard to His Majesties Service to be trusted to Paper, by,

May it please Your Majesty,

the humblest and faithfullest of all Your Servants, HAMILTON.

To which Her Majesty wro••e the following Answer.

Cousin,

I Received your Letter,* 20.1 and have given an Account to the King of what you tell Me. I hope the Kings faithful Servants shall be so much the more firm to His Service, that the wickedness of others appears, and will by their Care and Diligence prevent the Malice of others. We had here a mischance in one of Our Quar∣ters, by the negligence of Our People; the greatest loss We have had is known, yet We are not at all discouraged, and hope quick∣ly to have a Revenge. Our Army consists (without reckoning the Garrisons) of seven thousand Foot, and 69 Troops of Horse, besides My two Regiments, so that for all Our mischance We are in no ill Condition. I have News from the King, that His Army is as strong as Essex's, and that Essex dares not advance. The King hath sent Prince Maurice to the West with 2000 Horse and a thousand Foot; the Gentlemen of the West have promised to raise an Army of 10000 Men in six Weeks, so that I can assure you all Our Affairs go well. And from France (except the Death of the King My Brother) I have very good News, as like∣wise from Denmark. If the King does not press me to go to Him quickly, I hope to see Leeds taken bef••re I part. You will give a share of these News to all Our Friends, if any dare own themselves such, after the House of Commons hath declared Me Traytor, and carried up their Charge against Me to the Lords. This I assure you is true, but I know not yet what the Lords have done upon it. God forgive them for their Rebellion, as I assure you I forgive them from my Heart for what they do against Me, and shall ever conti∣nue, as I have promised,

Your affectionate Cousin and Friend, HENRIETTA MARIA R.

To this he returned the following Letter.

May it please Your Majesty,

I Shall not presume to take up much of Your Majesties Time with reading Particulars, they being so well known to this faithful Bearer:* 21.1 therefore I shall only in the general crave liberty to say, that though the State of Affairs here be far otherwise than I could wish; yet I was never so hopeful as at this present, that no Forces will come from hence this Summer into England, to

disturb His Majesties Affairs. Yet no Means ought to be neglected in preparing to oppose them, (lest they should do o••herwise,) nor shall I fail to do the same (whatever Malice may whisper to the contrary) with all the Power I have, and as freely venture both Life and Fortune in that, as any living shall. So I humbly beseech Your Majesty to believe, that not only in this, but in all which doth concern His Majesties Service, my part shall be such as I have promised, and as becometh

The Humblest, most Faithful, and most Obedient of all Your Majesties Servants, HAMILTON.

Holyrood House 10^th June.

The King, having received the Letter of Advertisement concerning the Convention, wrote down the following Answer about it.

CHARLES R.

* 22.1RIght Trusty and Right well-beloved Cousins and Councellours, and Right Trusty and well-beloved Councellours, We Greet you well.

We are much surprized at Your Letter of the 12^th of this Moneth, where∣by it seems you have given order for the Calling of a Convention of the E∣states of that Our Kingdom without Our Privity or Authority: which, as it is a business We see no reason for at present, and that hath never been done before but in the Minority of the Kings of Scotland, without their Con∣sent; so We cannot by any means approve of it, and therefore We command ••ou to take order that there be no such Meeting, till you give Vs full satis∣faction of the Reasons for it.

Given at Our Court at Oxford 22^th of May 1643.

With this he wrote another to the Earl of Lanerick, which fol∣lows.

CHARLES R.

* 23.1RIght Trusty, and Right well-beloved Cousin and Councellour, We Greet you well.

We have herewith sent you Copies not only of the Letters We lately received from Scotland, but also of Our several Letters to Our Chancellour and Council there, the Originals whereof We leave to your Discretion, to deliver and make use of as you shall find best for Our Advantage: but for the Busi∣ness it self, We have heretofore so fully declared to you Our Own Opinion there∣in, as We need say no more of that Subject to you.

We observe in the Letter to Vs, that there are but eleven Councellours Names to it, and that n••ne of those that are best-affected have subscribed it; and We find that as great, or a greater number of Councellours, Persons of great Quality, Place, and Trust, have not subscribed to it.

Given at Our Court at Oxford 22^th of May 1643

Upon what had past, the Lords whom His Majesty had trusted, re∣solved to keep up this Letter to the Council, till a return came of the Message they had sent to His Majesty. But a few days after that Letter was written, the Earl of Lindsay came from London to Oxford,* 23.2 to receive the Kings Commands for Scotland; to which he was required to go, and sit in the Convention of Estates then Summoned. His Majesty asked his Advice, whether He should give way to its Sitting or not: but he answered, as he durst not advise His Authorizing of it; so on the other hand, he might consider if it was like, that they who had called it without His Warrant, would desert it upon His Prohibition; and if His Majesty thought fit to discharge it, he would weigh well, what the hazard might be of their Sitting against His Pleasure. All this being considered by His Majesty, He wrote by him the following Letter to My Lord Lanerick.

CHARLES R.

RIght Trusty, and Right well-beloved Cousin and Councellour, We Greet you well.

The Earl of Lindsay coming hither from London, hath assured Vs, that the Cause of the Two Houses sending into Scotland, to have the Lords that went hence sequestred, was, the Intercepting of their Letter sent to Our Dearest Consort, the Queen, and nothing else.

We perceive by the Copy of the Resolutions you sent Vs, with what Pru∣dence, and Loyal Courage, your Brother Hamilton and the Lord Advocate opposed at Council there, the Order for Calling a Convention of the Estates for which We would have you to give them Our particular Thanks. You and others of Our Council there, know well, how injurious the Calling of a Con∣vention of Estates without Our Consent, is to Our Honour and Dignity Roy∣al; and as it imports Vs, so We desire all Our well-affected Servants to hinder it what they may; but shall leave it to them, to take therein such Course, as they shall there upon advice conceive best, without prescri∣bing any way, or giving any particular Directions. If notwithstanding Our Refusal, and the endeavours of Our well-affected Subjects and Servants to hinder it, there shall be a Convention of the Estates, then We wish that all those who are right-affected to Vs, should be present at it; but to do nothing there, but only Protest against their Meeting and Actions. We have so fully instructed this Bearer, that for all other Matters We shall refer you to his Relation, whereto We would have you to give credit.

Given at our Court at Oxford the 29^th of May 1643.

But His Majesty, having after that received the Advice sent him from Scotland, and His own Thoughts agreeing with it, did on the 10^th of Iune write the following Letter, to be presented to the Con∣vention.

CHARLES R.

RIght Trusty, and well-beloved Cousins and Councellours,* 25.1 &c.

We have received a Letter dated the 22^th of May, and Signed by

some of Our Council, some of the Commissioners for Conserving the Articles of the late Treaty, and of the Commissioners for the Common Burdens: and though it seem strange unto Vs, that those Committees should Sign in an equal Power with Our Council, especially about that which is so absolutely without the limits of their Commissions; yet We were more surprized with the Conclu∣sions taken at ••heir Meetings, of Calling a Convention of the Estates without Our special Warrant, wherein Our Royal Power and Authority is so highly concerned, as that We cannot pass by the same, without expressing how sensi∣ble We are of so Vnwarrantable a way of Proceeding; and if We did not pre∣fer t•• Our Own unquestionable Right the Preservation of the present happy Peace within that Our Kingdom, no other Consideration could move Vs to pass by the just Resentment of Our Own Interest therein. But when We con∣sider to what Miseries and Extremities Our Scotish Army in Ireland is re∣duced, by reason that the Conditions agreed unto by Our Houses of Parlia∣ment for their Maintenance, are not performed; and likewise the great and heavy Burdens, which We are informed Our Native Kingdom lies under, by the not timely payment of the Remainder of the Brotherly Assistance due from England, contrary to the Articles of the late Treaty; and withall remembring the Industry, which We know hath been used upon groundless Pretences, to possess Our Scotish Subjects with an Opinion, that if God should so bless Vs here in England, as to protect Vs from the Malice of Our Enemies, Religi∣on, 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 rea∣diest 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 Treat••; as also to advise upon the best way of Relieving the Publick Burdens of that Our King∣dom of Scotland, by pressing, by all fair and lawful means, a speedy Pay∣ment 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 Go∣vernment, the Preservation whereof (according to Our many Solemn Pro∣testations) shall ever be most Sacred to Vs; providing always, that in do∣ing 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 Or∣der from Vs, and Our Two Houses of Parliament, according to the Treaty a∣greed 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 pre∣venting 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 10^th 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 be∣sought His Majesty,* 25.2 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 there∣fore promised to them, to use his utmost Endeavours to put all the stops he could in the Agreement with England: wherefore with joint con∣sent 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 22^th of Iune came, and the Convention sate down,* 25.3 (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 10^th 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 concern∣ed 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 essen∣tial 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 li∣mit 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, re∣solved to follow his Advice. So on the 26^th of Iune, it being put to the Vote, a Free Convention or not, the Duke voted it no Convention, but as regu∣lated 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 an∣swered, 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 Instrument of his pro∣ducing it, which was also refused: so having taken witness of it, he withdrew, and none of these Lords would sit in the Convention any more. After this some came to the Duke, and asked his Advice if they should sit or not; he suspected their Intentions were only to betray him, and told them, that his Practice declared his own Judgment, which he wished the whole Convention had followed; but for particular Advi∣ces he left it to themselves. Others of their Friends were by them all thought necessary to sit still in the Convention, to keep up delays in the approaching Treaty with the English; but divers of their Friends be∣ing over-awed with the Power of the Church-party, did forsake them.

* 25.4At the same time some of the Church-party, who feared the Duke more than all that opposed them, knowing the depth of his Designs, and the smoothness of his Address, took a strange Course to render him suspected to the Kings Party, which was to let a Whisper fly out, but so as they should not appear in it, that he and they kept a Corre∣spondence; which was too easily believed by many, who were already ill-affected to his Person, and displeased with his Methods: and the great forwardness of some for appearing in the Kings Service, made them impatient of all Delays. But the Duke sent divers Messages by Mr. Murray of the Bed-chamber (who was at that time sent by His Maje∣sty to Scotland) to those of the Kings Friends, who he saw were dis∣pleased with him, to mediate a Reconciliation, who dealt in it with all possible diligence; but their Jealousies of the Duke were insuperable. And a little after that, in the end of Iuly, some of them went to Court to represent to the King, how ill His Affairs were managed by those He trusted them to, and to offer their Servi••e, if He would change his Tools and Methods. The Duke upon this wrote to the King, that he found himself betwixt two Tides, of those who were perverse on the one hand, and over-forward on the other; yet he wished not only Life and Fortune, but his Soul might perish, if he left any thing un∣essayed and undone, that was in his power for the Kings Service. But all in which he could hope to prevail, was Delays, which to draw out longer than this Winter he could not promise. And the Methods he used to draw out the Treaty by Delays, were, to set some on work to get Scotland to insist on their Demands for the rest of the Brotherly As∣sistance,

and for what was agreed to by the former years Treaty, to be paid for the Army in Ireland, before they engaged further, all which amounted to a round Sum; and he knew it would neither be soon, nor easily advanced. The time of the Assembly was also approaching, wherefore they advised the King for his Advocates encouragement to Name him Commissioner for it.

The Convention did little at first, only they begun a new Process against some alledged Incendiaries, and named many Committees, wait∣ing still for the English Commissioners who were daily expected. On the first of August came the Kings Advocat's Commission with his Instru∣ctions, and a Letter to the Assembly.

His Instructions were, First, to assure the Assembly of the Kings constant adherence to the late Establishment, and his willingness to encourage all good Motions.

He was to oppose all Treaty with England, or Declarations about the Com∣motions there.

He was to oppose any new Commission of the Kirk.

He was to hinder any Censure to pass on those who had subscribed the Cross Petition.

On the second of August the Assembly sat down;* 25.5 but no curb could hold them, so high was their Zeal, and so void were they of respect of Persons, that the opposition the Kings Commissioner gave them was lit∣tle regarded, for they went on at a great rate.

The Convention voted an hundred thousand Marks Sterling to be raised by a Loan: this was a pretty Device to fine all that were not judged well-affected; for they were appointed to lend Sums upon the Publick Faith, which every one knew would turn to no Security for their Money.

On the ninth of August came the much-longed for Commissioners from England,* 25.6 with a large Declaration from the Two Houses, justifying all their Procedure, and intreating the assistance of their Brethren in Scot∣land. This was cheerfully welcomed by the Assembly, and some did run so far back, as to remember how Queen Elizabeth helped the Lords of the Congregation in the Scotish Reformation in opposition to the Queen Regent; and therefore it was but Justice that they should now repay them with the like Assistance.

But that which generally prevailed to engage the greater part of the Nation in the War,* 25.7 shall here be set down with that fulness and free∣dom that becomes a Historian. The (now) Duke of Newcastle had rai∣sed a great Army in the North of England for the King, upon which that Countrey was like to be for some time the seat of the War; and though Berwick and Carlisle had no Garrisons in them, according to the Treaty between both Kingdoms, yet it was not to be doubted, but ei∣ther the one side or the other would see their advantage in putting Garrisons in these places: upon which, all in Scotland judged it necessa∣ry to raise some Forces, otherwise the best Counties in Scotland, which lye toward the South, had been put under Contribution by those Gar∣risons, and they had been all a prey to the prevailing Army; yea, and which side soever were either beaten or straitned, it was not to be doubted but they would send in Parties to Scotland to bring Provisions, and what else could be had; therefore it was Concluded, that a Force must be raised for the Security of Scotland. This being laid down, it

was not uneasie to perswade all, that it was better to carry in and main∣tain their Army in England, than keep it in Scotland to be a vast Charge upon themselves. And the Forces that were raised in the years 1639 and 40, had been very heavy on the chief Nobility and Gentry; nor had the Brotherly Assistance, which the Two Houses had Voted to be raised for their reimbursement, come to their Supply, the War of England intercepting it: therefore they had generally a great mind to Quarter their Army in England. Now this could not be done, they keeping up the Neutrality they were then in, therefore they must ei∣ther joyn with the King or the Two Houses. For joyning with the King many Arguments were used, both from the Laws of Scotland, that obliged all the Subjects to assist the King in his Wars; and from the Covenant, wherein they swore to assist Him in every cause in which His Majesties Honour was concerned. There were also private assu∣rances given, not only to the leading Men, but to the whole Nation, of signal marks of His Majesties Favour, and Confidence in the disposal of all Offices, and Places at Court, that every third time they should be filled with Scotish men, together with other particulars, not needful to be mentioned. But against all this it was objected, that those who had the Ascendant in the Councils at Oxford, were either Papists, or men of Arbitrary Principles; and the Clamours that always follow Generals and Armies where there is no certain Pay, were carried to Scotland, not without great additions, against the Kings Forces, to possess peo∣ple with a deep alienation from them. It was likewise said, that since the King, notwithstanding the Declining of his Affairs in England, would not grant what was desired there about Episcopacy, it might be from thence gathered, what he would do if his Arms were successful, and therefore all People were possessed with the jealousies of his subverting the whole Settlement with Scotland, assoon as he had put the War in England to a happy Conclusion. And though it was answered to this, that the Kings putting things to hazard rather than sin against his Con∣science, was the greatest assurance possible, that he would faithfully ob∣serve what He had granted; to this, Malicious people said, that it would be easie to find distinctions to escape from all Engagements; and if the putting down of Episcopacy was simply sinful according to the Kings Conscience, then that alone would furnish Him with a very good reason to overturn all, since no Men are bound to observe the promi∣ses they make, when they are sinful upon the Matter. And these Rea∣sons did generally prevail with the Covenanters, to refuse to joyn with the Kings Party in England: therefore they concluded it necessary to Engage with the Two Houses, both because the Cause was dear to them, it being a pretence for Religion and Liberty. It was also said often, that they owed their Settlement, partly to the backwardness of the Armies the King had raised against them in England, and partly to the Council of the Peers, who had advised the King to grant a Treaty, and afterwards a full Settlement to them. And that Paper which was sent down in the Year 1640, as the Engagement of 28 of the Peers of England, for their Concurrence with the Scotish Army that year, was shown to divers, to engage them unto a Grateful return to those, to whom it was pretended they were so highly obliged. For though the Earl of Rothes (and a few more) were well satisfied about the Forgery of that Pa∣per, yet they thought that a Secret of too great Importance to be generally

known; therefore it was still kept up from the Body of that Nation. And upon these Pretences and Inducements it was, that it came to be generally agreed to, to enter into a Confederacy with the Two Houses. So Fatal did the Breach between the King and his People prove, that even when it seemed to be well made up by a full Agreement, there was still an after-game of Jealousies and Fears, which did again widen it by a new Rupture, which to these men seemed at this time unavoid∣able: otherwise they found the ease of a Neutrality to be such, that the Men of the greatest Interest in those Councils have often told the Writer, they had never engaged again, had it not been for those Jealou∣sies with which they were possessed to a high degree. There was a Com∣mittee of Nine appointed to Treat with the Commissioners: the English pressed chiefly a Civil League, and the Scots a Religious one; but though the English yielded to this, yet they were careful to leave a door open for Independency. Thus the Treaty with the English Commissioners went on, notwithstanding a Letter the King wrote to the Chancellour, to be communicated to the Council, requiring them not to Treat with them, since they came without His Majesties Order; but they who had leaped over all other matters, could not stand at this.

And now came to light that which had been a hatching these many Months among the Iunto's, which was the Solemn League and Covenant, which follows;

The Solemn League and Covenant of the three King∣doms.

WE Noblemen, Barons, Knights, Gentlemen, Citizens, and Burgesses,* 25.8 Ministers of the Gospel, and Commons of all sorts in the Kingdoms of Scotland, England, and Ireland, by the Providence of God living under one King, and being of one Reformed Religion, having before our eyes the glory of GOD, and the advancement of the Kingdom of our Lord and Saviour Iesus Christ, the Honour and Happiness of the Kings Majesty and His Posterity, and the true publick Liberty, Safety, and Peace of the King∣dom, wherein every ones private condition is included: And calling to mind the treacherous and bloody Plots, Conspiracies, Attempts and Practices of the Enemies of GOD, against the true Religion and Professors thereof in all places, especially in these three Kingdoms ever since the Reformation of Re∣ligion, and how much their Rage, Power, and Presumption are of late, and at this time encreased and exercised; whereof the deplorable estate of the Church and Kingdom of Ireland, the distressed estate of the Church and Kingdom of England, and the dangerous estate of the Church and King∣dom of Scotland, are present and publick testimonies; We have now at last (after other means of Supplication, Remonstrance, Protestations and Suffe∣rings) for the preservation of our selves, and our Religion, from utter ruine and destruction, according to the commendable practice of these Kingdoms in former times, and the example of Gods People in other Nations, after ma∣ture

deliberation, resolved and determined to enter into a mutual and So∣lemn League and Covenant: Wherein we all subscribe, and each one of us for himself, with our hands lifted up to the most high GOD, do Swear;

[ I] THat we shall sincerely, really and constantly, through the grace of GOD, endeavour in our several Places and Callings, the preservation of the Reformed Religion in the Church of Scotland, in Doctrine, Worship, Disci∣pline and Government, against our common Enemies; the Reformation of Religion in the Kingdoms of England, & Ireland, in Doctrine, Worship, Disci∣pline and Government, according to the Word of GOD, and the example of the best Reformed Churches: And shall endeavour to bring the Churches of GOD in the three Kingdoms to the nearest conjunction and Vniformity in Religion, Confession of Faith, Form of Church-Government, Directory for Worship and Catechising; that we and our Posterity after us, may as Brethren, live in Faith and Love, and the Lord may delight to dwell in the midst of us.

[ II] That we shall in like manner, without respect of persons, endeavour the ex∣tirpation of Popery, Prelacy, (that is, Church-Government by Arch-bishops, Bishops, their Chancellours and Commissaries, Deans, Deans and Chapters, Arch-deacons, and all other Ecclesiastical Officers depending on that Hierar∣chy) Superstition, Heresie, Schism, Prophaneness, and whatsoever shall be found to be contrary to sound Doctrine and the Power of Godliness; lest we partake in other mens sins, and thereby be in danger to receive of their Plagues; and that the Lord may be one, and his Name one in the three Kingdoms.

[ III] We shall with the same sincerity, reality and constancy, in our several Vo∣cations, endeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of the Parliaments, and the Liberties of the Kingdoms; And to preserve and defend the Kings Majesties Person and Authority, in the pre∣servation and defence of the true Religion, and Liberties of the Kingdoms; That the World may bear witness with our Consciences of our Loyalty, and that we have no thoughts or intentions to diminish His Majesties just Power and Greatness.

[ IV] We shall also with all faithfulness endeavour the discovery of all such as have been, or shall be Incendiaries, Malignants, or evil Instruments, by hindering the Reformation of Religion, dividing the King from his People, or one of the Kingdoms from another, or making any faction, or parties amongst the People, contrary to this League and Covenant, That they may be brought to publick Trial, and receive condign Punishment, as the degree of their Offences shall require or deserve, or the Supreme Iudicatories of both Kingdoms respectively, or others having power from them for that effect shall judge convenient.

[ V] And whereas the happiness of a blessed Peace between these Kingdoms de∣nyed in former times to our Progenitors, is by the good Providence of GOD, granted unto us, and hath been lately concluded, and settled by both Par∣liaments, We shall each one of us, according to our place and interest, en∣deavour that they may remain conjoyned in a firm Peace and Vnion to all posterity, and that Iustice may be done upon the wilful opposers thereof, in manner expressed in the precedent Article.

[ VI] We shall also, according to our places and callings, in this common cause of Religion, Liberty, and Peace of the Kingdoms, assist and defend all those that enter into this League and Covenant, in the maintaining and pursuing

And shall not suffer our selves directly or indirectly, by whatsoever combina∣tion, perswasion, or terrour, to be divided and withdrawn from this blessed Vnion and Conjunction, whether ••o make de••ection to the contrary part, or to give our selves to a detestable indifferency, or neutrality in this Cause, which so much concerneth the Glory of GOD, the Good of the Kingdoms, and Ho∣nour of the King; But shall all the days of our lives zealously and constant∣ly contin••e therein against all opposition, and promote the same according to our power, against all ••ets and Impediments whatsoever: And what we are not able our selves to suppress or overcome, we shall reveal▪ and make known, that it may be fully prevented or removed: And which we shall do as in the sight of God.

And, because these Kingdoms are guilty of many sins, and provocations against GOD, and his Son Iesus Christ, as is too manifest by our present distresses and dangers the fruits thereof: We profess and declare before GOD and the World, our unfained desire to be humbled for our own sins, and for the sins of these Kingdoms, especially that we have not, as we ought, valued the inestimable benefit of the Gospel, that we have not laboured for the purity and power thereof, and that we have not endeavoured to receive Christ in our hearts, to walk worthy of him in our li••es, which are the causes of other sins and transgre••sions, so much abounding amongst us. And our true and un∣fained purpose, des••re, and endeavo••r for our selves, and all others under our power and charge, both in publick and in private, in all Duties we owe to God and Man, to amend our lives, and each one to go before another in the example of a real Reformation; That the Lord may turn away his wrath, and he••vy indignation, and establish these Churches and Kingdoms in Truth and Peace. And this Covenant we make in the presence of Almighty GOD, the Searcher of all hearts, with a true intention to perform the same, as we shall answer at that great Day when the secrets of all hearts shall be disclo∣sed; Most humbly beseeching the Lord to strengthen us by his Holy Spirit for th•••• end, and to bless our desires and proceedings with such success, as may be deliverance and safety to his People, and encouragement to other Christian Churches, groaning under, or in danger of Antichristian Tyranny, to joyn in the same, or like Association and Covenant, To the Glory of GOD, the En∣largement of the Kingdom of Iesus Christ, and the peace and tranquility of Christ••an Kingdoms and Commonwealths.

This was offered to the Assembly on the 17^th of August,* 25.9 and after it was publickly read, Mr. Henderson being then Moderator, had a long Speech about it. Then it was read the second time, and many of the most eminent Ministers, and Lay-Elders, were desired to deliver their Opinions about it, who did all magnifie it highly: and though the Kings Commissioner pressed a Delay, till at least it were communicated to the King; yet the approving it was put to the Vote, and carried unanimously, and they ordered the Lord Maitland (the now Duke of Lauderdale) and Mr. Henderson, and Mr. Gillespy, to carry it up to the Two Houses at Westminster. On the same day it was also approved in the Convention. Wise Obfervers wondered to see a matter of that Importance, carried through upon so little Deliberation or Debate▪ It was thoug••t strange to see all their Consciences of such a size, so ex∣actly to agree as the several Wheels of a Clock; which made all appre∣hend, there was some first Mover that directed all those other Motions: this by the one Party was imputed to Gods extraordinary Providence,

but by others to the Power and Policy of the Leaders, and the simpli∣city and fear of the rest. One Article of it was thought strange, that one Government of the Church was abjured, but none sworn to in its place for England; this was not the fault of the Scots, who de∣signed nothing so much, as to see Presbytery established in England. But the English Commissioners would not hear of that, and by that General words of Reforming according to the Word of God, (cast in by Sir Henry Vane) thought themselves well-secured from the inroads of the Scotish Presbytery; and in the very contriving of that Article they studied to out-wit one another, for the Scots thought the next words of Reforming according to the Practice of the best Reformed Church∣es, made sure game for the Scotish Model, since they counted it indispu∣table that Scotland could not miss that Character.

Those of Scotland would have had Episcopacy abjured, as simply un∣lawful: but those of England would not condemn that Order, which had merited so much Glory in the whole Christian Church, therefore the second Article was so conceived, that it might import only an Abo∣lition of the present Model of England; and it was so declared, both in the Assembly of Divines, and in the Two Houses of Parliament when they swore it. The Scots either perceived not this Change, or were glad to get it carried on at any rate. But many judged the oddest part of it all was their Oath to maintain the Priviledges of both Parlia∣ments, since that was never defined, and was scarce capable of a Definition; and the Priviledges of the Parliament of England, were far enough from the knowledge and divination of the Scotish People, who in this case must believe all that to be Priviledge which they cal∣led so.

The Covenant was carried up, by those trusted with it, to the Two Houses, to be approved by them; and being returned to Scotland, the Committee of Estates did by their Printed Act of 22^th of October, or∣dain it to be Sworn and Subscribed by all the Subjects, under the pain of being punished as Enemies to Religion, His Majesties Honour, and the Peace of these Kingdoms: and to have their Goods and Rents confisca∣ted, and they not to enjoy any Benefit or Office within the Kingdom, and to be cited to the next Parliament as enemies to Religion, King and Kingdoms, and to receive what further punishment His Majesty and the Parliament should inflict on them. At this time His Majesty sent Mr. Mungo Murray to Scotland, (to assure his Friends of his Confidence in them) who brought the following Letters from the King and Queen to the Duke.

Hamilton,

* 26.1I Find there hath been a great Mistaking about that mark of Favour, which I thought fit to bestow upon you, the particulars I have commanded Mungo Murray to tell you: only this I assure you, that my Confidence of you is not lessened, from what I com∣manded your Brother to assure you of in my Name, for you shall find me

Your most assured, real, constant Friend, CHARLES R.

Cousin,

AS soon as I had occasion since my Arrival hither, to write to you, I have resolved to do it, both to assure you of all that I said to you when I was at York; as also to tell you that I am none of the least sharers in rejoycing at the Honour the King hath put on you. This is a mark of the Confidence He hath in you, which I am assured you will make the World see, was founded on very good reason. The Bearer is a Person who will tell you more than I can write: to him I refer my self, and shall say no more but that I am

Your affectionate Cousin, HENRIETA MARIA R.

Oxford, 28^th August.

The Kings Friends had gone to the several places where their Interests lay, to see what likelyhood there was of Raising any Force for advancing the Kings Service by extreme ways; and to put a better colour on their Gathering of People together, they carried with them the follow∣ing Letter, which was Signed by His Majesty, and of which Lanerick was ordered to give an attested Copy to all who were well-affected.

CHARLES R.

RIght Trusty, and Right well-beloved Cousin and Councellour,* 28.1 We Greet you well.

Since nothing on Earth can be more dear to Vs than the Preservation of the Affections of Our People, and amongst them, none more than those of Our Native Kingdom, which, as the long and uninterrupted Government of Vs and Our Predecessors over them doth give Vs just reason, in a more near and special manner to challenge from them, so may they justly expect a particular Tenderness from Vs, in every thing that may contribute to their Happiness: but knowing what industry is used, by scattering Seditious Pamphlets, and employing private Agents and Instructions, to give bad im∣pressions of Vs and Our Proceedings, (under a Pretence of danger to Re∣ligion and Government) to corrupt their Fidelities and Affections, and to engage them in an unjust Quarrel against Vs their King, We cannot there∣fore but endeavour to remove these Iealousies, and secure their fears from all possibility of any hazard to either of these from Vs: We have therefore thought fit to require you to call together your Friends, Vassals, Tenants, and such others as have any dependance upon you, and in Our Name to shew them Our Willingness to give all the Assurances they can desire, or We possi∣bly grant, (if more can be given than already is) of preserving inviolably all those Graces and Favours, which We have of late granted to that Our King∣dom, and that We do faithfully promise never to go to the contrary of any thing there established, either in Ecclesiastical or Civil Government: but that

We will inviolably keep the same, according to the Laws of that Our King∣dom, and We do wish God so to bless Our Proceedings and Posterity, as We do really make good, and perform this Promise. We hope this will give so full sa∣tisfaction to all that shall hear of this Our solemn Protestation, that no such persons as study Division, or go about to weaken the Confidence betwixt Vs and Our People, and justly deserve the name and punishment of Incendiaries, shall be sheltred from the hand of Iustice; and all such others as shall endeavour Peace and Vnity, and Obedience to Vs and Our Laws, may expect that Pro∣tection, and increase of Favours from Vs, which their Fidelity deserves. So expecting your Care hereof, We bid you heartily farewell.

From Our Court at Oxford the 21^st of April, 1643.

These Lords appointed at parting to meet again about the end of August,* 28.2 which accordingly they did; and when they met, divers told they found much coldness among their Friends. Many professed a cor∣dialness to the Kings Service; but they had neither Armes, nor Ammu∣nition, nor saw they a place of Security for a Rendezvouz, nor of Safety for a Retreat in case of a Misfortune; so that divers of the Noblemen said, It was not in their power to bring any with them to the fields, but their own Domesticks. Whereupon it was agreed by them all, to send one Neal Servant to Mr. Murray of the Bed-Chamber to the Marquis of Newcastle, to desire him to seize on Berwick, which was of great Impor∣tance, and was at time without a Garison, that it might be the Place whither they might bring what Forces they could draw together which was indeed the most proper Place for them, since the Counties that lay next it were best-affected. They likewise desired my Lord Newcastle, to send them such Arms and Ammunition, as could be spared them out of the Kings Magazins, which were then in his hands: they also ordered Neal to go forward from him to Oxford, to give the King an account of their Desires, that they might be presently supplied. He was dispatched on the 29^th of August; but on the 4^th of September my Lord Newcastle wrote back to them a short answer referring them to Neal, who in a large one, (both which are extant) told them, that my Lord Newcastle said, he could spare them neither Armes nor Ammunition: and as for Berwick he could not seize on it without bringing Ruine on himself and his Poste∣rity, unless he had a Commission for it under the Great Seal of England; it being contrary to the Articles of the late Treaty of the two Kingdoms, which was ratified in Parliament.

At this time the Treaty betwixt the Two Houses in England,* 28.3 and the Convention in Scotland, was closed. Against the 5^th of October a hundred thousand pounds Sterling was to be paid in Scotland, and a∣gainst the Twentieth of that Month, an Army of Twenty thousand Horse and Foot, was to be on the Borders from Scotland, who were to have thirty thousand pounds Sterling a Month for Pay; only the hun∣dred thousand pounds Sterling was to serve for the first three Months. The General was to be chosen by the Scots, the Army was to receive Or∣ders from a Commitee of both Kingdoms; no Peace should be treated, or concluded without the Scots: and the Publick Faith was given by the Convention of Estates in Scotland, that their Army should return out of England when a Peace was concluded by both Kingdoms. And so the Convention Adjourned till Ianuary, having chosen a Committee of E∣states, to whom they gave full Power in all matters Civil and Mili∣tary.

About the middle of September the fairest opportunity of all was lost, for the Parliament of England, apprehending the hazard of the loss of Berwick sent down some Ships, by which,* 28.4 with the Concurrence of the Scots, it was presently Garrisoned: and the Committee of Estates issu∣ed out, toward the middle of September, Commissions for making of Le∣vies ••hrough the Kingdom, so that nothing kept them from Marching, but that they heard not of Money from England.

The Kings Friends were now in the greatest perplexities imaginable, they saw his Affairs in a ruining Condition, and themselves able to do nothing but regrate it. All September passed over, ere they had a re∣turn from Oxford; and since the hope of Berwick was irrecoverably lost, nothing remained but Despair. The Church-party became daily more resolute, and the Kings-party became fainter. At length in the beginning of October, Mr. Mungo Murray came from Court, but brought no present Relief, only large hopes of Assistance to follow quickly. He also brought Letters from the King, both to the Council and the Con∣servatours of the Peace: that to the Conservatours of the Peace fol∣lows.

CHARLES R.

RIght Trusty, and Right well-beloved Cousins and Councellours, Right Trusty and well-beloved Councellours, and Trusty and well-beloved,* 29.1 We greet you well.

No Industry hitherto could have so far prevailed with Vs, as to gain any belief that Our Scotish Subjects would countenance, much less assist this bloody Rebellion in England; yet We know not how to understand the Levying of Forces, both Foot and Horse, within Our Native Kingdom, and their entring Our Town of Berwick in an hostile manner.

You are particularly trusted by Vs and Our Parliament, (and solemnly sworn to be faithful in the discharge of that Trust) of seeing the Articles of the late Treaty observed, which here is most grosly violated: therefore We require you, as you will be answerable to God, to Vs, and Our Parlia∣ment, to take speedy and present Order for recalling and suppressing those Forces.

Our most malicious Enemies must bear Vs witness, how religiously We have observed these Articles on Our part, whereof if We had not been more tender, (than the advisers of the Breach have been of the Publick Faith) it is obvi∣ous to any, how easily We could have secured that Town from all Rebels.

We have likewise thought fit to take notice of the private Preparations in that Our Kingdom, of Raising an Army by a new Authority, to come into Our Kingdom of England, under the pretence of securing themselves from a Popish and Prelatical Army, falsly alledged to be upon the Borders; such For∣ces as We have there, being only for Protecting of Our distressed Subjects from the Incursion of Rebels, from their Ships at Berwick, and Holy-Island, and for no other end. Such then as shelter themselves under that Pretext, will find from thence but a slender Warrant before God, who knows the integrity of Our Heart, and how inviolably We intend to preserve all that We have gran∣ted to that Kingdom, so long as they suffer themselves to be capable of Our Protection, and those Favours.

We do require you not only to oppose and suppress all such unwarrantable Levies, but by your Publick Declaration to disabuse those Rebels in England,

who endeavour to engage you in their Rebellion, and expect Assistance from you; in all which We look for ready Obedience, and expect a present account thereof. We bid you heartily farewell.

Given at Our Court at Oxford the 26^th day of September, in the 19^th Year of Our Reign, 1643.

The Letter to the Council follows.

CHARLES R.

* 30.1RIght Trusty and Right well-beloved Cousins and Councellours, and Trusty and well-beloved Councellours, We greet you well.

Whereas Our desire of preserving Peace within Our Native Kingdom, and preventing such Disputes which malicious Instruments might so heighten, as to divide Vs and any of Our Scotish Subjects, moved Vs by Our Let∣ter of the tenth of June, to dispense with the unwarrantable Calling together of the Nobility, Commissioners of Shires and Burroughs, at Edinburgh the twenty second of June 1643, and so far to give way to the Meeting, as to allow them to take into Consideration the best ways of Maintaining Our Scotish Army in Ireland, for Suppressing of that bloody Rebellion there, since Our Two Houses of Parliament here had failed in the performance of the Treaty, concluded upon betwixt the Two Nations for that effect, and likewise for such other Particulars as Our said Letter doth more fully contain; expecting they would have limited their Resolutions there∣unto, and paid an equal Gratitude of Duty and Obedience to Vs and Our Iust Commands, as We have so lately and so many ways expressed Our Affection to that Our Kingdom in General, and so many Members of that Meeting in their own particulars: all which notwithstanding they have pro∣ceeded to Resolutions as unjustifiable as their Meeting, and would engage Our Subjects to an Obedience of their Arbitrary Commands, beyond the Power of any of the most Free and Lawful Conventions of the Estates, Our Authori∣ty and Consent being so absolutely contemned, that they have ex••eeded the Bounds We have prescribed, and proceeded to Conclusions of the highest nature, without so much as acquainting Vs therewith. Such high Indignities to Vs and Our Authority, make Vs believe they have forgot they have a King, and their Oaths in preserving Vs in Our Iust Power as their King: but God will discover and punish such undutiful Thoughts, how closely soever they be clou∣ded with pretences of Safety to Religion and Liberty, which they know will ever be dearer to Vs than Our Own Preservation. Our good Subjects will likewise suffer with Vs by their heavy Taxes upon them, and possibly by their desperate Resolutions of their Engaging them in a bloody and unnatural War. Those Injuries to Vs, and Oppre••sions upon them, We expect you (whom We have with Advice of Our Parliament entrusted with managing the greatest Affairs of that Our Kingdom) will particularly resent: and therefore We have thought fit to require you immediately after the receipt hereof, to publish in Our Name a Proclamation to all Our loving Subjects of that Our Native Kingdom, prohibiting them under all highest pains to give Obedience to any Act or Ordinance of that pretended Convention, or of any Committee pretend∣ing a Power or Authority from them; but to oppose by Armes, or otherways, all such Persons, as shall endeavour to put in execution any Acts of theirs, (but such as We expressed in Our Letter We mentioned of the tenth of June,

which was so much slighted as it was refused to be Recorded) for the Raising of Forces, or Recalling Our Scotish Army in Ireland, or any part thereof without Our Knowledge and Consent: and We do likewise require, that no Taxes imposed upon Our Subjects by that pretended Authority be paid; assuring all Our Loving Subjects of Our Protection, in the Obedience of these Our Com∣mands; for which these shall be your Warrant, which We require you to Re∣cord.

Given at Our Court at Oxford the 26^th of September, in the 19^th Year of Our Reign, 1643.

With these His Majesty wrote to my Lord Lanerick.

CHARLES R.

RIght Trusty, and Right well-beloved Cousin and Councellour,* 31.1 We Greet you well.

We have sent to Our Privy-Council of Scotland Our Letters of Direction what they shall do, now that the General Meeting there hath proceeded to such strange and undutiful Resolutions, beyond the Matter We prefixed them to treat upon by Our former Letter. Of those Our Letters We have sent you an exact Copy, and particular Directions to your self, what you shall do in order thereunto, when you shall think fit for Our Service to make use of the same. But We leave it now to your Discretion, and the Iudgment of the rest, whom We have entrusted with the Affairs of that Our Kingdom, to deliver these Our Letters to Our said Privy-Council at that time, and no sooner than you shall conceive to be most conducible to Our Service, and the Good of that Kingdom; for if you shall find that no Obedience is likely to be given to those Our Commands, you are to consider how far you, who are Our faith∣ful Servants there, will be able to withstand those Insolences, which of ne∣cessity must follow upon such Disobedience, and what the Consequence will be, to anger before We be able to punish such Offenders. But Our Will is, that you forthwith publish the other, anent the Proclamation, Precept or Warrant, falsly published in Our Name; and We further require you, to do whatsoever else you with the rest (whom We have trusted with the Affairs of that Our King∣dom) shall conceive most to conduce to Our Service, as you will answer to Vs at your peril: and for so doing this shall be a sufficient Warrant, to you and those others entrusted by Vs, as aforesaid.

Given at Our Court at Oxford, 26^th of September, 1643.

The Lords whom His Majesty trusted, judged it not fitting to present the Letter written to the Council, and suppressed it. But His Majesty wrote another Letter to the Council about the Proclamation, which was issued forth in his Name by the Convention of Estates, which follows.

CHARLES R.

* 32.1RIght Trusty, and Right well-beloved Cousin and Councellours, and Trusty and well-beloved Councellours, We greet you well.

Whereas We were graciously pleased to condescend that this present Meeting in Our Kingdom of Scotland of Our Nobility there, and the Commissioners for Shires and Burroughs, should resolve and conclude of such particular Af∣fairs, as We specified and allowed to them for the Security and Good of that Our Kingdom in Our late Letters to them, dated the 10^th of June last; and for as much as we have to Our great amazement newly seen a Paper in form of a Proclamation, Precept or Warrant, in Our Royal Name, dated at Edin∣burgh the 18^th of August, subscribed

Per Actum Dominorum Conventionis Arch. Primrose Cler. Conven.

Being a Paper most impudently set forth without Our Privity, or any Au∣thority from Vs, and tending to cast Our beloved People of that Our Native Kingdom into the like and more bloody Combustions and Rebellions, Violati∣on of their Religion and Allegeance to Vs, and Laws of that Our (hitherto) peaceful Native Kingdom, as hath been here practised by the malicious ene∣mies of Peace and Government: We have therefore upon good Deliberation, and out of Our Princely and Gracious Care of Our People, and of the Tran∣quility of that Our Native Kingdom (as it was so lately and well setled by Our Self) thought fit to Declare, and we do hereby Declare unto you, that We utterly dislike and disallow it, forbidding all Our Subjects to obey the same, and all other Papers published in Our Name, which shall not immedi∣ately be warranted by Vs; and We do hereby will and command you, forth∣with openly to publish these Our Letters, to let all Our People understand Our Pleasure herein.

And lastly Our Pleasure and Command is, that you cause these Our Letters to be forthwith recorded in the Books of Our Privy Council of that Our Na∣tive Kingdom, for all which these Our said Letters shall be your sufficient Warrants.

Given at our Court at Oxford the 26^th day of September, in the 19^th Year of Our Reign 1643.

He wrote also to the same purpose to the Earl of Lanerick.

CHARLES R.

* 34.1RIght Trusty, and Right well-beloved Cousins and Councellour, We Greet you well.

Whereas We have thought fit, for the Good of Our Service and Safety of Our People, to require Our Council, to publish a Proclamation in Our Name to all Our loving Subjects in Scotland, discharging them to give Obedience to any Act or Ordinance of the Pretended Convention of the Estates at Edin∣burgh the 22^d of June, or of any Commitee pretending Authority from them; but to oppose with Arms, or otherways, all such Persons as shall endeavour to put in execution any Act of theirs: but if Our Privy Council shall not give present Obedience to Our Commands, and publish this Our Pleasure, these are

to require you to take what Course you shall think most fit to make this Known to all Our loving Subjects, either by giving Warrant in Our Name, to Print Our Letter to Our Council, or by sending attested Copies thereof to all the Nobility, Sheriffs of Counties, and Majors of Towns, within Our Kingdom of Scotland, a Duplicate whereof you will herewith receive under Our Own Royal Hand: and We further require you, to do whatsoever else, you with the rest (whom We have trusted with the Affairs of that Our Kingdom) shall conceive most to conduce to Our Honour, and the Good and Advance∣ment 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 26^th of September 1643.

With these Publick Letters the King wrote to the Duke.

Hamilton,

HAving much to say, and little time to write,* 35.1 I have comman∣ded 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 Esti∣mation of you, for you shall find me

Your most assured, real, constant Friend, CHARLES R.

Oxford 28^th September, 1643.

The Lords whom the King trusted, seeing no present help of Men,* 35.2 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 Prece∣dents now. Besides, if this were done on the one side, they might ex∣pect the same Orders would be presently issued out against them from the Comittee of Estates, which would bring on an unheard-of Butche∣ry, 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 E∣states were intire, and had the most followers, thought it fitter to delay an open Breach as long as was possible. This diversity of Opi∣nion raised some Animosities and Jealousies among them, so that they fell into a mutual distrust; neither was Secrecy (though not only en∣joyned but sworn) closely kept, for all their Designs broke out; and and yet some who were guilty of this, were among the busiest to fa∣sten 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 24^th of October the Earl of Traquair went to Court,* 35.3 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 Instructi∣ons, by reason of the Act that was past against him at the former Par∣liament. 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 expect∣ed 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 Ma∣jesties 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 expecta∣tion 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 Ammu∣nition, 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 Quar∣rel of serving His Majesty are unwilling to hazard; and divers very consi∣derable, 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 impossi∣bility, for those and other Noblemen and Gentlemen (being only so back∣ed) 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 go∣ing 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 in∣to 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,* 35.4 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 Co∣venant, from which the Lords (whom His Majesty had intrusted) ex∣cused themselves, not being well-satisfied, neither about the matter of the Covenant, nor the Authority by which it was imposed; where∣upon they were again summoned to appear upon the 14^th 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 Vas∣sals,* 35.5 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 For∣tunes by his Superiorities. But that County where his Interest lay, was so prevailed upon by the Ministers, that no endeavours could di∣vert 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 Con∣vention 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 Iniqui∣ty, 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 Peo∣ples 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 Tri∣als was God pleased to exercise him almost all the days of his Life.

* 35.6Their Appointment at My Lady Roxburgh's Funeral was to be car∣ried secretly, as if their numerous Meeting had been only for gather∣ing 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 ei∣ther 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,* 35.7 for on the 17^th day of November, by another Act all their Goods were ap∣pointed to be seized on, their Rents gathered up, and their Persons to be ap∣prehended, 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 Scot∣land in the end of November.

All this while his Enemies at Court had been with great Industry mis∣representing his Actions in Scotland, and for this end made use of the for∣wardness of some Scotish Lords who were then at Court:* 35.8 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 jealou∣sies 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 representa∣tion 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 mis∣carriage

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 Preten∣sion 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, they were now coming to Court to be In∣telligencers to his Enemies; therefore it was necessary to secure him upon his first Arrival, and particularly to hinder his access to the King, since it was to be feared, that his Majesties Affection, with his Innocency, which they in their Consciences knew was unstained, would quick∣ly break through all those Arts that had been contrived for his Ruin.

The Duke was not ignorant of all that was designed against him,* 35.9 nor so totally destitute of Friends, as to be let perish without sending him advertisements. Any Loyalty less than his would upon such advices have kept out of the way till he had sent his Justification before him, and had cleared himself of all Imputations: but being confident of his own Innocency, he resolved to go on, and put all to hazard; so on the 16^th of December he came to Oxford. There was at the Ports an Order left to stop him till the Governour were advertised: but the Captain of the Guard thinking he was in the Coach that followed, not knowing himself who was on horseback, let him pass without stopping him. But he was presently followed with an Order from the King,* 35.10 con∣fining him and his Brother to their Chambers during his Majesties Plea∣sure. The Duke answered, that as he had ever given a ready obedi∣ence to his Majesties Commands, so in this he would punctually obey his Order.

At night Secretary Nicholas came to him, and told him, that his Ma∣jesty had received an Accusation of a high nature against him, and that he could not be answerable to himself, if he had not taken this Course with him; but that he might expect from him all Favour that in Ju∣stice he could grant him, and that himself would be graciously pleased to hear as much of his Cause as he could, and that all haste should be used in it.

The Duke answered, that he humbly thanked his Majesty for his Goodness thus in general to let him know the Cause of his Restraint: and for any favour in that Charge he desired it not, but trusted to the King's Justice and his own Integrity, only he intreated he might have a speedy Trial. And for his Majesties constant Goodness to him, he had no more to return to him but his humble Thanks, since he had received greater proofs of it than he had either merited, or could ever deserve.

Next the Secretary called for his Brother, who was a little indispo∣sed, and told him, he had the Liberty of the Town, only he might not

come to the King's or Queen's Court without Permission; and after that a Guard was set at the Duke's Lodgings, with Orders, that none might speak with him except in the presence of one of the Secretaries. But Mr. Murray of the Bed-chamber had been with him at his first Ar∣rival, and the Duke desired him to give the King a full account of his Behaviour in Scotland, and of the necessities that his Duty had forced him to when he left the Kingdom: and he desired he might have that Justice done him, to see the Charge that had been given against him, that so he might justify himself, since he was absolutely ignorant of it, and his own Conscience did not charge him with any Guilt in reference to the King's Service.

* 35.11At night Mr. Murray returned to him with a very favourable Mes∣sage from the King, expressing his Confidence, that he should clear himself of the Charge given against him. And by what the Writer could learn, it was he that brought him a Copy of the Charge that was drawn up against him: for the Duke got the Copy of it before it was put in the due form of an Impeachment, being liker a Historical Information presented to the King, than a Legal Accusation. That Paper was never brought into any Court, nor did any thing ever fol∣low upon it; for the business went not the length of a Trial; yet it seems too important a Transaction of the Duke's Life, not to be inserted, with the Answers that were drawn to it: for assoon as the Duke got it, he sent to the best Counsel then at Oxford, who drew an Answer to it wholly in point of Law, and himself drew an Answer as to mat∣ter of Fact, and penned a long Speech which he intended to make at his first Appearance. But those Papers (which do yet remain) were afterwards digested into one full Answer; and therefore that the Reader may not be wearied too much, I shall insert that instead of all the rest, setting down the Answer after every Article of the Charge. Only I shall here promise what I copied out of an Original Letter of one of the most zealous Covenanters (who was a very considerable man among them and one of the Iunto) to his Correspondent; by which the Reader may judge what he is to think of the Truth of matter of Fact alledged in the Charge; I have seen the Charge against the Duke, and though he has been a great Enemy to our Cause and Work, I cannot but pity him, since he suffers from their hands whom he has been ser∣ving: and after that he adds, he is in no hazard if he get Iustice, for the Accusation is false, and can never be proved. This will discover both what the secret thoughts of the Covenanters were of the Duke, and how false the Charge was in matter of Fact. But the most material Evidences that do clear his Innocence, and justifie the Answers to the Charge, have been already set down in the former parts of this Work, to which the Reader will find some References marked in the Margent.

The Accusation given against the Duke of Hamil∣ton at Oxford, December 1643.

THat the Duke of Hamilton hath of a long time (yea almost ever) since he had any considerable meddling in Business,* 35.12 endeavoured in the way of a constant and continued Design, both by Words and Actions, to beget in His Majesties Subjects both a Hate against the Government, and a Con∣tempt of His Majesties own Sacred Person; as particularly he himself using most contemptible and undervaluing Expressions of His Majesty and His E∣missaries, Instruments, or Creatures, suggesting upon the other part all Preju∣dices to the People, as that they were now but a Province unto England, and had lost their Liberty, and that Scotland was now under a Pharaoh that knew not Joseph.

The Answer to the former Charge.

THe Defendant is charged with many things of a high nature,* 35.13 some whereof, if true, will involve him in the guilt of High Treason; other particulars infer a breach of Trust, and an abusing of His Majesties Confidence in him, with several other heinous Ag∣gravations, which, if true, the Defendant acknowledgeth that no Pu∣nishment could be found equal to his Guilt: and in a matter wherein his Life, his Fortune, his Honour, and Posterity lye at stake, it can∣not seem strange, if the Defendant plead in Law every advantage his Learned Counsel have suggested, who, besides many things they have laid before him from the Priviledges of the Peers, do assure him that in Law every impeachment ought to contain in it the matter of Fact, particularly and certainly set down, with all necessary circumstances of Time, Place, and Witnesses, otherwise the Party accused may De∣mur in Law. Besides, the Charge given against him is so general and historical, so aggravated with scandalous Glosses, invective Expressi∣ons, groundless Suggestions and Pretences, false Collections and In∣ferences, seeming Probabilities, with cunning Suppositions and Con∣jectures, together with the Opinions and Words of his Friends, Ac∣quaintances, and Enemies, all so ambiguously penned by the Contri∣ver, that he may Demur in Law upon the whole Charge for matter of Insufficiency and Form, since many Insufficiencies and Absurdities might be observed in it upon a strict Disquisition and Dissection of Law: and indeed the Defendant cannot but desire the last words of the Charge be considered, wherein his Accusers pretend to be able to prove some of the weightiest points by several Witnesses, and all the rest by some, and strong Probabilities; which words alone his Lawyers do assure him are sufficient to invalidate the whole Charge, since no man can be Arraigned of Treason upon some Probabilities, to which other Probabilities may be always opposed with equal colours of truth.

Many of the particulars charged upon the Defendant were done be∣fore the Pacification and Act of Oblivion passed in both Kingdoms, by which no remembrance is to be had of what passed before it; and His Majesty did verbally express at the last Parliament at Edinburgh,

that the Defendant had carried himself during the former Troubles as became a faithful Subject, and one that tendered the Good and Happi∣ness of his Country. There was also in that same Parliament a particu∣lar Act passed, declaring he had carried himself during the former Di∣stractions as a faithful Servant to His Majesty, and a loving Patriot to his Country; upon which the Defendant may well plead that he is not bound to answer for any thing charged on him that was done be∣fore that Parliament, and that his Accusers do incur Punishment for going against the Act of Oblivion then passed: nor is he bound in Law, as his Learned Counsel assure him, to answer for any Words alledged to have been spoken by him unless questioned for them within three Months after they were spoken▪ according to the Laws of this Kingdom. But though the Defendant hath so far compli∣ed with his Lawyers as to have named the former particulars, yet it is not out of any design to escape either Trial or Justice: therefore he is ready to give an account to His Majesty of the Actions of his whole Life, in reference to His Majesties Service, whenever he shall be called to it; particularly for the Trusts and Imployments his Majesty honou∣red him with, being so confident of his own constant unstained Inte∣grity and Loyalty, and of His Majesties Justice, that he is not afraid of the issue of the whole Matter, himself being so Innocent and his Judge so Just; therefore he shall answer plainly and particularly to all the Matters of Fact laid to his Charge, leaving the Plea in Law, together with the necessary distinction of points of Treason from Misdemea∣nours, to his Learned Counsel when they shall be allowed to plead.

Answer to Article 1.

To the first Article the Defendant says, nothing can be more false than that he ever used any such Expressions,* 35.14 he knowing well his Ma∣jesties Affection to that Kingdom, and to the Liberties and Freedoms of it. There is neither Time, Place, nor Persons expressed to whom such Words should have been spoken, nor upon what occasion, nor to to the People of what Kingdom they were used, nor are any of his Actions condescended on to make out what is charged on him; nor knows he who are meant by his Emissaries, Instruments or Creatures; if any have used such seditious Speeches let them be punished for them, but he cannot be answerable for other men, unless it be proved they acted by his Order and Direction: therefore the Defendant simply de∣nies what is alledged in this Article, as basely false and forged.

Charge.

That he hath most seditiously endeavoured to exasperate His Majesty against His Subjects of Scotland,* 35.15 by Invectives against them to His Majesty, even before their falling off from their Obedience: by advising His Majesty to make War against them, affirming that His Majesty would never be King of Scot∣land unless He conquered it, which he likewise then averred would be a Work only of three Months time; and at the same time encouraging them most treacherously to withstand His Majesty, and take from Him His Power, and His Rights, particularly, exciting them thereunto, by vilifying Speeches of His Sacred Person, That if they awed Him, He was such a Coward they might

have of him what they would, but if they gave him his Will, he would prove a verier Tyrant than ever Nero.

Answer.

To the first branch of the second Article the Defendant says,* 35.16 he appeals to His Majesty how false it is, who knows well that the Com∣motions of Scotland were begun a year before he was imployed in Sco∣tish Affairs,* 35.17 which had been before that trusted to other Persons of Honour in that Kingdom; and that the Covenant was generally taken, the Courts of Justice removed from Edinburgh, the Tables formed, Protestations used against His Majesties Proclamations before he was engaged. His Majesty also knows well, that he had never advised these Innovations which gave the rise to these Commotions, nor engaged in the Affairs of that Kingdom but upon His Majesties particular Command, without which he had designed to avoid all meddling in them;* 35.18 so that nothing can be more notoriously false than that part of this Article is, That the Defendant did exasperate His Majesty against that Kingdom, or advised Him to conquer them before they fell from their Obedienee. It is true, after His Majesty had thought fit to imploy the Defendant in those Af∣fairs, he did give him clear advertisements of the state of Affairs in that Kingdom, not sparing his nearest Friends, as His Majesty well knows; but gave no advice, but what he thought agreed both with the Duty of a good Subject and Patriot. He never advised His Majesty to conquer or subdue that Kingdom, or to govern it as a Province; for he takes the suppressing of a Party in Arms against the King, or who were reject∣ing his Authority, to be very different from conquering the Kingdom: and therefore as he simply denies the first branch of this Article, so he refers the clearing of his Innocency in this to His Majesty, (who cannot but know best what he advised him) and to the Letters he wrote to His Majesty if they be yet remaining.

The next branch of the Article is of a piece with the former as to falshood. He hath often seen eminent Proofs both of His Majesties Cou∣rage and Clemency, and never entertained a dishonourable thought of His Person; and he is able by many Compurgators to prove, that his Discourses of His Sacred Person have been always such as became a dutiful Subject, and an infinitely obliged Servant. It is not to be ima∣gined he could have used such expressions before Witnesses, and if any single Persons say they heard them from him, he asserts they are Lyars, and dare not say so if he have a sword in his hand.

Charge.

That whilst he was the Kings Commissioner he did palpably foment the Diffe∣rences betwixt King and Country, as particularly by these Evidences following:* 35.19 (viz.) Whilst he might have settled at his first Arrival all those unhappy Diffe∣rences, by yielding to the People such things as would have contented the Coun∣try, and which His Majesty had given him Warrant by his Instructions to condescend unto; as particularly by the removal of the Service-Book, Book of Canons, High-Commission, five Articles of Perth, and Episcopacy only limited in a moderate way; he by the contrary, upon his first coming to Scotland, being acquainted herewith, having the same represented to him to the full, did in a fomenting way, so pleasantly deny, as if he would have had some further to have

been sought. And whilst before his coming all his Friends and Followers, and such as did belong unto him, did resolutely stand out against that Course, no sooner was he come, but all of them perceiving his strain did on a sudden quit their former way, and violently joyn themselves to the other Party: witness amongst others the late Earl of Hadington, Sir Alexander Hamilton his Vn∣cle, now Master of their Ordnance; (a main stickler) the Earl of Lauder∣dale, and his Son the Lord Maitland, of all men most intimate with him; to omit his Brother-in-law the Lord Lindsay, a Principal Actor in that Rebellion from the beginning, and his Cousin-German the Earl of Glencairn, who con∣tinuing long firm for His Majesty, in end (by his secret sollicitation as is thought) made Defection: by which and such-like he cunningly necessitated the breaking up of the Assembly at Glasgow, that the Water might be once trou∣bled, and the Country quite abandoned unto themselves.

Answer.

* 35.20

To the third Article the Defendant says, he was so far from foment∣ing the Differences betwixt His Majesty and his Subjects of Scotland, that he did all that was in his power to bring Matters (which were quite imbroyled when he went Commissioner thither) to a happy Close; and that he did yield to them all such things as he had power to grant, which he is ready to make appear by comparing his Actings with his Instructions. It seems the Accusers knew well what would have satis∣fied the Country, but understood little what his Instructions were. The Covenanters in all their Petitions to the Defendant expressed that no∣thing would content them without a Free Assembly and Parliament,* 35.21 and the Defendant being neither instructed to do that, nor the other Particulars which by the Article are falsly said to have been in his In∣structions,* 35.22 he, after he had proclaimed all the Favours he was empower∣ed by His Majesty to grant, came to Him to this Kingdom, and recei∣ved new Instructions,* 35.23 according to which he proclaimed all he had War∣rant from His Majesty to grant: nor did he ever deny or conceal any of His Majesties Graces to his People, or provoke them to new De∣sires, but did all was in his power to make them rest satisfied with His Majesties Gracious Concessions. He also stayed with the Assembly of Glasgow as long as his Instructions warranted him, and did all he could to keep them from those Extremities which enforced the Rupture;* 35.24 and in his whole Proceedings he carried along with him not only the As∣sessors His Majesty appointed him to advise with, (the Earl of Argyle only excepted) and the Secret Council, but likewise the Bishops, whose advice he got and followed: all which he is ready to make out by comparing his Instructions and His Majesties Letters to him,* 35.25 and the Letters he got from the Bishops, with his Proceedings at that time, from which the falshood of this Article will plainly appear.

Nor can he be charged with the faults of his Friends or his Follow∣ers. It is known how much the places where his Interest lies, were gain∣ed to those Courses before he was Commissioner, and yet many of his friends did stand out against the Courses others then followed, though they were not able to make head against the more prevailing Party round about them. For the Earls of Glencairn and Lauderdale, they continued in their Duty to the King till the Pacification, nor did they take the Covenant (for ought he knows) till His Majesty allowed it;

for the Earl of Lindsay, he did not joyn in these Courses after the De∣fendant went to Scotland, but engaged in them from the beginning, though much pains was used by the Defendant to divert him from them. And as the Defendant is not answerable for the Actions of his Friends, much less is he accountable for the Thoughts of his Enemies, who may Charge what they please on the suspicions of his secret Solici∣tations, which are their own groundless and malicious Forgeries: there∣fore this whole Article is false, as the former are.

Charge.

That he traiterously betrayed His Majesties Service while he was in the Frith,* 35.26 and had His Majesties Trust and Command of His Fleet and Forces therein: and whilst he was thus, as appeared, in Arms for His Majesty, he in∣tended nothing less, as appears by his Friends and Followers their underhand Dealings, suggesting that his taking that Charge upon him was out of his love and respect to his Country, thereby to prevent that some other should not be put upon it, who might have made use of that Power and Force to their Preju∣dice, whereas he never intended any such thing; by which he did not only most basely betray His Majesties Trust, but there did also endear himself to the Peo∣ple, and by the same means exasperate them against their King and Sovereign. And that he was not only accessory hereto, but really guilty of the thing it self, appears by his own Discourse to divers Persons, that if he had pleased he could have landed his Forces, and done what further he was Warranted by his Com∣mission, but that he never intended it; which Double-dealing may be yet more clearly evinced, in that he had frequent private Meetings, Correspondencies, and Practices with the Counter-party, as particularly by his Ordinary Appointments upon the Sands of Barnbougal, and other places next adjacent, where he usually kept his Meetings with some who were most desperate Leaders and Promoters of these Courses. And the Prime Instruments of the Committee and Cabinet-Counsels there amongst them, then at the very same time, and in the greatest heat of all the business, did profess and give assurance both by word and under their hands, that Hamilton was the greatest Favourer that ever their good Cause had, notwithstanding of all that the formality of the time obliged him to profess to the contrary. And not only in Scotland, (where it was generally known to be so) but even some of the Scotish Commissioners did profess to some of this Kingdom, that Hamilton had done things which they did not approve; but yet that he had been much more Friend than Enemy to the Courses of the Country, and had done much more good than evil: yea Argyle himself upon a private dispute, falling into heat, delivered, that he and those others did nothing but by Hamilton's Directions, Knowledg, or private Approbation. As also whilst he was in the same Expedition, being frequently invited by all His Ma∣jesties good Subjects then in the Northern parts of Scotland, he most treache∣rously be••rayed them, and abandoned the business, as particularly can be instan∣ced by the Marquis of Huntly, who being appointed to receive His Majesties Orders from time to time by Hamilton, whilst he did endeavour at the begin∣ning at Turreff, and other places, vigorously to suppress that Party, was strait∣ly inhibited to engage; but by the contrary, by peremptory Orders wille•• to suf∣fer the Malignant Party to be the first beginners, by which Restraint the Bu∣siness was totally ruined, as is notoriously known. After which, the Viscount of Aboyn, being cloathed by His Majesty with Commissions, and to have had some experimented Officers along in that Imployment, the said Duke of Ha∣milton

did break off that probable Course, and engaged such of his own Electi∣on and Trust, who did so evidently miscarry the Business, as thereafter they were to be accused by the whole Noblemen and Gentry of that Party. Like-as he having got Orders about the same time from the King, to send Sir Nicholas Byron's Regiment to assist the King's Party in the North, who could easily have reduced all that Country to His Majesties Obedience; notwithstanding thereof, and of their frequent Sollicitations to have it done, he still shifted the Business, and would never give way to it, pretending that he had some other De∣sign in hand for them, though all they had to do was to Die below decks, and be thrown over-board into the Sea. And how often he might have put Forces great enough to Land, and how frequently he was invited to it, the whole Kingdom can bear witness.

Answer.

To the fourth Article the Defendant says,* 35.27 it is most false that he be∣trayed His Majesties Trust or Service when he commanded the Fleet, and that he is ready to justifie every step of his Actings there by His Majesties Instructions and Letters, which he received every third or fourth day when hehad that Imployment; nor is he answerable for what others might have said of him. His Majesty knows well that he did not desire that Imployment for himself,* 35.28 but conscious of his own unfitness entreated to be excused from it; this His Majesty not allowing, he un∣dertook the Service: and His Majesty likewise knows what Informati∣ons and Advices he sent him, and that he gave punctual and ready Obe∣dience to all the Orders he received. Nor was his Service there useless, for besides the great Diversion it made by the huge Bodies were left to guard the Coast, he took divers Ships, particularly some coming from Germany with many Officers, who were returning home to offer their Service to the Covenanters: and his Carriage was so far from making him gracious to that Party, that none was more odious to them, which appeared in the Curses and Reproaches were cast on him as he passed through the streets of Edinburgh to possess the Earl of Forth of the Ca∣stle,* 35.29 a little after the Pacification; nor had it been possible for him to have escaped at that time more sensible Affronts, if he had not taken some Leading men of the Covenanters along with him. When the De∣fendant was in the Frith,* 35.30 he sent His Majesties Proclamation to those then in Arms, and used all means possible to engage them to a Compli∣ance with it; nor had he any Conferences with them in secret when he was aboard,* 35.31 but had always some Witnesses by when any were sent from the Covenanters to him, and did immediately give His Majesty an account of all that passed, for proof whereof he desires his Letters to His Majesty be examined.* 35.32 Neither had the Defendant any Orders to land his Men till His Majesty was come to Berwick, but had express Orders to the contrary: and it was thought, that his lying in the Frith did more amuse the Enemy than his Landing could have prejudiced them, since they being uncertain where he might land, great Bodies were kept upon the whole Coast, which, if he had landed, had gathered together against him, and had been too strong for him, being about four times his number. Nor did the Defendant make any Appoint∣ments on the Sands of Barnbougal, as is most falsly alledged; nor did he ever set his foot on Land, except on the Isles of Inchcoln and Inch∣keith, all the while he lay in the Frith. It is true he was once very near the Sands of Barnbougal, but on a very different design: he chasing a

Bark that run her self aground there, was likewise stuck fast, and had almost been taken Prisoner, divers Volleys passing betwixt his men and those on the Land; but his Boat-men with much ado got him off.* 35.33 Nor had the Defendant any Orders to proceed to Hostilities till two of his Regiments were called to the Camp, nor could he safely land the other that remained consisting only of 1700 men. It is true, upon His Ma∣jesties Orders he was resolved to do the Enemy all the mischief he could, but about thirty hours after he got these Orders, (in which time he was considering where he was first to make an Impression, and did go out himself to have fired some Ships, but by a mischance was run on a Shelve, so that he lost that Tide) they were countermanded by new Orders: for His Majesty having resolved to Treat with the Enemy,* 35.34 commanded him to go on to no more Hostilities, but to come and wait on His Sacred Person; so that the Defendant having in all things fol∣lowed His Majesties Orders in that Service, was well approved of by His Majesty. Nor can any thing be charged on him from what the Lead∣ers of the contrary Party might have said or written of him, either then or since, which might have been done on design either to encourage their own Party, or out of hatred to the Defendant, that thereby they might possess His Majesty with jealousies of him. Nor was the Defen∣dant ever invited by His Majesties good Subjects to come North, ex∣cept by one Letter the Earl of Airly wrote him,* 35.35 which he got after His Majesty called the two Regiments from the Fleet; and about that time His Majesty commanded him to stop all Hostilities, and give attendance on His Person.* 35.36 He had likewise express Orders from His Majesty not to think of the North, till some good were done in the South; and it is most falsly alledged, that when he was there,* 35.37 he abandoned the Mar∣quis of Huntley, who was taken Prisoner before either he or his men were Shipped: and the Orders he sent that Marquis were by His Ma∣jesties express Commands, founded on very good reason, that he should not make a Rupture till His Majesties Forces were drawn together, and near the Borders, lest (as by the event did appear) the Enemy should have overpowered him if he begun too soon; and as the Defendant hath been informed, that Business was ruined, not by the Restraint these Orders gave, but by the Treachery of some of the Defendant's Accu∣sers, who were then in Arms against him,* 35.38 and took that Marquis un∣der Trust. And when the Viscount of Aboyn came to the Defendant with His Majesties Letters, (which were of a very old Date) he was supplied to his hearts desire, as himself professed. His Majesty had be∣fore his coming called away two of the Regiments that were with the Defendant, and he had Orders not to weaken the other; so false is it that he had Orders to send Byron's Regiment to the North: but he gave the Viscount of Aboyn some experienced Officers, Arms, Ammunition, and Money. And the Defendant hath been well informed, that the Mis∣carriage of that Attempt did not flow from those he sent with that Lord; but that being encountred by Souldiers commanded by some of the De∣fendant's Accusers, his Lordship betook himself to his heels: but the others whom the Defendant sent with him behaved themselves gallant∣ly, and laid all the blame of their bad success on that Lord. It is also false that Byron's Regiment was kept to die below Decks, since from the time they went aboard till they were discharged, there died not ten of their number; so false is this Article in all its branches and assertions.

Charge.

That in all his demeanour he went about to advance the designs of that Peo∣ple against the King,* 35.39 as by secret encouraging them to persist in their obstinate Courses, so by private discouraging of well-affected men to persevere in their Allegeance; and in particular did advise some Noblemen (who craved his Opi∣nion how they should behave themselves in these Distractions) to agree with the Country, and go home and make their own Peace. Like-as after the Pacification at Berwick, continuing in his wonted strain of incensing, in an underhand way, the People against their King, being demanded why he denuded himself of his former Commission; his Answer was, because he knew the King intended to keep nothing of that which at that time he had condescended unto, otherwise he would not easily have parted with the Honour of that Service. By which he did so wound the King in the Opinion of His Subjects, of the sincerity of His Intentions, That as no one thing did at that time breed more rubs and difficulties to His Majesties Service; so is there nothing by which the People are more readily and easily stirred up to the present Rising in Arms, than the Opinion they then, and by his continual underhand working, have since drunk in of the King's Intention to reverse (in case he should prevail in England) all the Acts and Favours he had condescended unto to His Subjects of Scotland.

Answer.

* 35.40

To the fifth Article the Defendant says, he ever studied by all the means that became a good Subject and Countryman to bring the Diffe∣rences betwixt His Majesty and His Subjects to a happy Temper; and he desires the Malice of his Accusers in forming this Article (as all the rest) be considered, wherein base Discourses and Advices are fastned on him without naming the Persons to whom they were given: and in this he cannot but commend his Accusers Prudence, who have named no Per∣son till they have tried upon whom they can so far prevail as to be guilty of the wickedness of owning such Lies. The Defendant can prove the contrary by many, in whose Preservation it is to be supposed he is more concerned than in any they can name, with whom he used his utmost endeavours to perswade them to adhere closely to His Maje∣sties Interests, which prevailed on some, though not on all; nor did he advise any to agree with the Country, till he knew His Majesty was re∣solved to end the Business in a Treaty, in which case it could be no Crime to advise any to make their own Peace; nor did he ever infuse into any Person a jealousie that His Majesty would void the happy Set∣tlement of Scotland: sure he is, he said and did all was in his power to root these jealousies out of the Subjects minds, which he can prove by innumerable Witnesses and Presumptions; and no man durst say he heard any of the Discourses mentioned in the Article from the Defen∣dant, if he were in a capacity to call him to an account for it. Nor did he desire to be free'd of his Commissionon the account that is falsly al∣ledged in this Article, but finding his continuing in that Place gave a Jealousie not only to the Country,* 35.41 but to the Counsellours and Officers of State, as if too great a Trust had been heaped on one Person; and apprehending that the expence and greatness of that Character continu∣ing long in one man, would breed Envy, and much retard his Majesties Service, he desired a fitter Person might be put in that High Trust, and that he might be suffered to continue about His Majesties Person, who he supposes does remember well upon what grounds he desired to be

free'd of that Great, but Invidious Character: thus this Article is also intirely false.

Charge.

That in the Petition to His Majesty for discharging the Annuity (which was not so much pretended for that,* 35.42 as to be a pretext under which a firm Bond and Association might have been contracted amongst all Loyal Subjects, for the Pre∣servation of the Kings Person, Honour, and Authority, and a strict Conjunction amongst themselves) he could not be induced to put his hand to it, until a Clause conceived in favours of His Majesty to the effect above-expressed, (as too great an eye-sore) was dasht out; and the same thus dashed being sent up to Court, and the desire of the Petition most Graciously condescended unto by His Majesty, and delivered unto the Earl of Lanerick, chief Secretary, the same was kept up to the great amazement of all those Noblemen and Gentlemen who had signed the same, and total discouragement of others to appear in that or any such Course thereafter.

Answer.

To the sixth Article the Defendant says,* 35.43 that he sees there is nothing so false but his Enemies have the impudence to fasten it on him, since he was one of the chief Contrivers and Promoters of that Petition, as he can prove by hundreds of Witnesses; nor did he dash,* 35.44 or cause to be dasht out, any Clause that was conceived in His Majesties favours, which his Enemies with their usual falshood say was too great an eye-sore. It is true, he saw divers Draughts of a Petition against the Annuities, and some of them had expressions in them which the Judicatories of that time would have declared contrary to Acts of Parliament, which by the advice of good Lawyers, all that were well-affected to His Majesties Service rejected; and yet the Draught agreed to will be found to con∣tain very plainly the Assurances of their Fidelity to His Majesty: and that Draught being agreed on, the Defendant sent it to all the Places where he had Interest, and procured very many Subscriptions to it; so unjustly is the Defendant charged in this Article. But as these Subscri∣ptions were thus procured, the Council stopped all further Proceed∣ings in that Business by a Declaration, forbidding any to subscribe it; nor did His Majesty send any Answer to those Petitions to the Defen∣dant. It is true, by his Instructions he did empower them to discharge the Annuities to such as had petitioned about them:* 35.45 if this was not done, it was not only the Defendants deed, but was the concurring Opi∣nion of the others joyned with him in Trust by His Majesty, who he doubts not shall be able to give a very good account of that,* 35.46 as of all the other particulars committed to their Trust, when-ever His Majesty shall call them to it, and shall shew him very good reasons why they did not proceed any further in that Affair.

Charge.

That since he left His Majesty at York,* 35.47 he hath been still labouring to fru∣strate the good Intentions of His Majesties faithful Subjects of Scotland, and to bring Matters to the Pass they are now at, which may be clearly evinced by the particulars which follow. First, when some Noblemen of that Kingdom well-affected to His Majesties Service, perceiving the Intentions of some there to engage that Nation in Rebellion with the Malignant Party here, made offer of all their best Services and ready endeavours to prevent the same, for themselves, and in the name of all the Kings greatest and best-affected Party there; he, to disappoint those promising and evident Courses, thrust himself into the Business,

and in a very seeming plausible way undertook to keep that Kingdom in Peace and Quiet, and from attempting any thing upon this Nation, or against His Majesties Service now depending here, and (to make it appear the more speci∣ous) without making use of any Force, or putting His Majesty to any Trouble or Charges; and withall solemnly engaged to break off all his Alliance, Ties, and Friendship with the Marquis of Argyle, (who doth make himself so much the Head of that Rebellion against His Majesty) or otherwise perswade him to acknowledg himself, and become, a good Subject, and that betwixt and three Months thereafter at farthest▪ the effect of all which undertaking had this re∣sult, First, that immediately upon his return to Scotland a Convention of t••e Estates was indicted without the King's knowledg or consent, a Precedent whereof can never be shown in any Records; which coming to His Majesties knowledg, He did immediately direct a Letter under His own Hand, willing that Hamilton, and some other of his Complices, who had His Majesties Trust for the time, should declare the said Meeting Illegal, and disapprove it in His Majesties Name. About the time of the Receipt of which Letter the said Ha∣milton, and some of his Cabal, did employ the Earl of Calander from them to speak with a great many Noblemen of the Kings Party, and take their Advices in what was to be done; and they who understood nothing of His Majesties Letter (it being altogether kept up from them) declared all in one voice, their Iudgments were that His Majesty should disclaim the Convention, and declare it Illegal, and that they would all be willing to joyn with Hamilton and his Par∣ty, and take their Lives in their hands to maintain His Majesties Honour and Authority, and free themselves from the Slavery of those rebellious Tyrants. It was answered them again by the said Earl of Calander, (His Majesties Let∣ter being still supprest) That the King would needs approve of the Convention with Limitations; To which it was replied, That they behooved either to be very ignorant or unfaithful who had given His Majesty such Advice, seeing those People would never confine themselves within Limits, or take a part, if it should be left them in their power to extend themselves and over-reach all; and that they would on no terms assent to any such Course, as being intended for no∣thing else but a hollow undermining of His Majesty and all His faithful Sub∣jects. So they parted with little satisfaction on either hand, and some days thereafter the said Earl of Calander was again directed to the same Parties, to perswade them still to the former Overture, but to no effect: yet in end, lest the Service might seem to suffer by so much difference in Opinion, they desired Ca∣lander to shew Hamilton and those of his Party, that since he was only trusted and employed by His Majesty in the Business, their Affection and Tenderness to the Service should make them very unwilling to differ with him in the way; and however in their own Iudgments they did no way approve that the King should so far wrong His Authority, as to allow of any such Illegal Proceedings, which did portend from bad Causes worse Effects; yet since His Majesty would do it, and they needs have it so, they should go along, but with one Caveat, which was, That if the Convention did not observe these Limitations prescribed by His Majesty, in that case, that they should protest, and withdraw presently from the House; and that then all who were for His Majesties Service should immediately joyn themselves together, and take the Field. This being solemn∣ly concluded, and with much attestation, it was resolved, that all who did af∣fect the Kings Service, and had Vote in the Convention, should be present there, upon certain hopes that they should be able to ballance either by Voices all violent Courses, or at least to protest against them, and adhere to His Ma∣jesties Service and Authority in a vigorous way. But all their great Promi∣ses

and fair Assurances were either not intended, or very soon forgotten: for whilst it was the first Act of the Convention, after His Majesties Letter was read, to Voice themselves a Free Assembly as any had ever been kept in that Kingdom, notwithstanding of the Restraints in His Majesties Letter, and that in that case Protests and Declarations, and every thing else in His Ma∣jesties behalf were faithfully assured, they came so short of that, as when Ha∣milton's Voice was asked, and all expected he should have made a Protest, he pronounced so doubtful an Oracle, as Argyle seeming to question of what spirit it came, (though no question it had been oft so concluded among them the more to possess others with panick fears) desired he should explain himself, if that he meant not thereby any Protest; who answered, that he never intended to protest against a National Convention, and that it seemed his words were very much mistaken. To second this, his Brother Lanerick, the King's chief Secretary, rose up, and had a Discourse to qualifie Hamilton's expressions, and free them from all such disloyal blemishes, as a Protest in the Kings behalf: so all who were to have declared themselves for His Majesty, being surprized by so strange and unexpected a way, withdrew, and retired themselves from the Meeting in a general Discontent. And yet their Affections being such to His Majesties Service, as they were unwilling to leave it on these Terms, how∣ever so badly handled, would not let it rest there, but would yet put him a little further to it, making again the offer of all their best Endeavours for His Ma∣jesties Service; desiring that since he was only the Person chiefly imployed by His Majesty, and one who had most interessed himself in the King's Trusts, that they might be directed by him in the matter of His Majesties Business, how to carry themselves, and whether or not it were more fitting for the Service that they should sit in the Convention, or absent themselves, or do whatsoever else. He was so far (notwithstanding of his Imployment and Trust) from giving information, encouragement, or advice, as all that he returned them for their Affection and Faithfulness to His Majesties Service, was, That they might use their own Discretions, and do as themselves should think fit; which did so evidently discover unto them his hollow-hearted Cunning, the Ruin by conse∣quence of His Majesties Affairs, the slight and cold way they themselves were used, and the ticklish condition he had so mired them into, as they seemed con∣strained for the most part to keep the Convention, and countenance all those Il∣legal and Rebellious ways were taken in it. And it is likewise to be remem∣bred, that notwithstanding His Majesties Letter, wherein He declared His ex∣press Pleasure anent the discharge of that Illegal Indiction, that they did not only suppress the same, and keep it up from the knowledg of the King's faith∣ful Party there, but also did procure from His Majesty an allowance to that Illegal Meeting, contrary to His Majesties Pleasure already expressed unto them, and the wishes and desires of all the faithful Party in that Kingdom. It is also to be called to mind, that after all hopes and probabilities of the Kings Service in the Matter of the Convention, were absolutely deserted and given over, that Will. Murray, who was commanded by the King to Agent His Affairs there then, desired a Meeting of those of the Kings Party, who had already kept these two Appointments with Calander before the Convention, who (notwithstanding His Majesties Service had been so grosly and palpably alrea∣dy miscarried, and they themselves so notably abused in it) being willing to study rather the Remedies than regrate the Disease, and redeem the Time ra∣ther than complain of its loss, once for all were content to hear what could be propounded for the recovery of Business; which only proved, that they would undertake, and joyn to re-gain that After-game which a few had spoiled, and

all given over. Notwithstanding whereof they gave it Will. Murray back in his Commission to Hamilton and his Complices, that if they would really and even down put on a Resolution to appear vigorously and to purpose in the Service, they in that case (to shew they should not mingle themselves nor any of their particulars) would be willing to follow, were it Hamilton or any, in what should prove to the advancement of the Service: otherwise, if they thought that too much, that they would be willing to joyn hand in hand, and put their Lives and Fortunes and all together at the stake with them; and if that did not satisfie, but that they esteemed it too rash a Business for men of so much cunning to engage in, that they would but approve them to put it to a ha∣zard, and they would willingly take their adventure, which should they carry they could be very willing that Hamilton and his Party ••hould have the e∣steem of it, did they miscarry or succumb, that he and his might take their own Course of Safety without being concerned in their Misfortunes. This Com∣mission being home and heartily delivered; it was promised by Will. Murray, that Hamilton and his Party should be presently put to it, and an Answer re∣turned; for the more hasty dispatch whereof, they sending along one of their own number to expede the Return, Hamilton and his Complices being several times convened and pressed upon it, did absolutely refuse to meddle in that kind, which was all their Answer: so that the other being willing, notwithstanding of all these hollow-hearted Treacheries, both before, in the time, and after the Convention, either to follow, joyn, or hazard alone in His Majesties Service, would they but approve it, they refused all either to do alone, joyn, or suffer others to do it; after all which there could be nothing resting but an invinci∣ble necessity to know His Majesties own Mind, since they who had his sole and absolute Employ and Trust did so much abuse it to His Disservice.

By all which points, circumstances, and cunning fetches, to bring this Con∣vention to the wished period, it may clearly appear to every undeluded eye, that he is accessory to that bad Plot of raising this Army in Scotland, to disturb the Kings Affairs in this Kingdom, that so all being brought to a Chaos of Con∣fusion, he might the better fish his hopes and ends from amongst so troubled waters.

Answer.

To the seventh Article the Defendant says,* 35.48 he does not much won∣der that his Enemies have filled this up with many Falshoods, since they have the impudence in the former Articles to fasten many things on him which were known to His Majesty to be Falshoods: but no wonder their Malice does culminate in aggravating the particulars of this Article, they being recent and passed since His Majesty was in Scot∣land, and since the Defendant had the Honour of waiting on His Maje∣sty, and giving him more particular Informations than Letters or Mes∣sengers could carry; and the tragical event of Affairs seems to offer co∣lours (as is usual in such cases) for charging those who had the chief Trust in them. But the Defendant doubts not he shall be able to make appear the falshood of this Article, in all these particular instances with which he is charged: and First, His Majesty knows best of any if he did thrust himself into Affairs, and if he did not act only as he was commanded and employed by him; nor does the Defendant know who those Noblemen were that made such Offers: His Majesty knows better if any such were made. The Defendant knows well that some of his Accusers made some Offers to Her Majesty about eight Months after His Majesty had sent him to Scotland:* 35.49 but as these Offers were

designed to make His Majesty the first breaker, which would have been infinitely to the prejudice of His Service, and have given incurable jealousies to the Subjects of all His Majesties Concessions, so no rational Methods were proposed for prosecuting them; and it seemed they flow∣ed from the desperate State those Lords were in, who had engaged as deep against the King as any had done; but afterwards not meeting that Esteem and those Rewards which their Ambition and Vanity had designed, and their Fortunes being ruined, they pretended much zeal for the Kings Service, but offered no rational appearances of being able to prosecute what they undertook. But the Defendant, as both their Majesties well know, laid the whole Matter before them, with his own Opinion, and the grounds on which he went: and they do also know with what impudent Falshood it is alledged,* 35.50 that he undertook to keep the Kingdom of Scotland in Peace, since both in his Discourses and Letters he often said, he would undertake for none but himself; and that he very much feared the Conjunction of that Kingdom with the Two Houses, and that the utmost of his Hopes was to keep off things by delays for that year: and in this he appeals to His Majesty, and to all in the Court with whom he kept Correspondence. And for his En∣gagements to break with the Marquis of Argyle if he did not faithfully adhere to His Majesties Interests, it is well known how ill an under∣standing, and how little Correspondence, hath been betwixt the Defen∣dant and Argyle these twelve Months past. His Majesty also knows,* 35.51 that when the Chancellour of Scotland was sent up last, the Defen∣dant wrote to him to look well to him, for it was believed (and it was the Defendant's own Opinion) that if he went to London he would engage in an Union with the Two Houses, in name of the King∣dom of Scotland, of which when His Majesty challenged the Chancel∣lour, he denied it, and said, These were Jealousies infused into His Ma∣jesty by the Defendant; so far was he from abusing His Majesty with vain Hopes. Nor is it strange that his Enemies charge Falshoods on him in Matters pretended to be transacted among few hands, since they are so impudent in Matters that were publick, as to say that immedi∣ately upon his return to Scotland a Convention of Estates was called,* 35.52 for that was not done but after he had been sent to Scotland almost a whole year: and all that time the Defendant did render His Majesty such Services, that he was pleased out of His Royal Goodness not only to write him many Letters of Thanks, but to confer divers marks of His Favour on him. And when the Convention of Estates was ap∣pointed to be called,* 35.53 the Defendant did all he could to oppose that Resolution, and entred his Declaration against it, which is yet upon Record, having omitted nothing he could either say or do to hinder the Calling of it, for which Service he received a particular Letter of Thanks from His Majesty: and the Defendant says,* 35.54 that there was no Letter written from His Majesty to him, to hinder the meeting of that Convention, nor does he know who are meant by his Complices or Cabal, as they are afterwards called, except those Lords whom His Majesty joyned with the Defendant in the Instructions he sent them. The first Article of these being that they should do all was possible for avoiding Divisions among His Majesties Subjects,* 35.55 and a Latitude be∣ing left for them to do what might be most for His Majesties Service on their perils, and as they should be answerable,* 35.56 they were to consi∣der

what was most to His Majesties Service. It is true, His Majesty did direct a Letter to the Council to forbid the meeting of the Convention,* 35.57 but did remit it to the consideration of the Lords whom he had trusted, whether it were fitter to deliver or conceal it, upon which they were obliged to consider what was best to be done; nor was it fit for them to divulge that Letter, till it was considered whether it should be made use of or not. But the Lords that had His Majesties Trust did call some meetings of all who were judged best∣affected, to consider what Advices were to be offered to His Majesty; and they all did return their joynt-Advices,* 35.58 with the reasons that pre∣vailed with them, to His Majesty, wherein the Defendant was but one of seven, and so is not to be charged nor answerable for the Advice so given; since they only offered Advertisements to the King, with their Advices and the reasons that prevailed with them; and as His Majesty (who could only judge what Advices were best) gave Orders, so they did Act: if the Advertisements sent were false, or their Ad∣vices against Law, they are accountable for them; but are not bound to answer for the good success of every thing they advised, that being in the hands of God: and neither the Defendant, nor any other joyned with him in Trust, did advise His Majesty to authorize the Convention, but only to allow them liberty to sit, so they kept within the prefixed Limits. And there was good reason for offering such Advice, His Ma∣jesties Affairs not being in so promising a condition that it was fit for them to begin the Rupture; and it was certain that these who called the Convention without His Order, would have acted in it notwith∣standing His Prohibition, which must have either affronted His Au∣thority, or precipitated a Breach, which could not have been done at that time without the Ruin of the King's Affairs in that Kingdom. The Defendant did at that time desire the Earl of Calander, that he would use his Endeavours with some of these who pretended zeal for the King's Service, and are now the Defendant's Accusers, that they would lay aside all private Animosities and concur in His Majesties Service, and offer their Opinions with the Method in which they de∣sired things might be carried on, and the Defendant offered them all possible satisfaction in every thing, for which they stood at a distance from him: but that Earl brought Answers very far different from what they pretend they sent, and all wise men looked on their Propositions as so extravagant and unpromising, that none could think them fit to be followed. But the Defendant denies there were any such Engage∣ments passed as in the Article is falsly alledged, yet when the Con∣vention sat the Defendant did often and no way ambiguously,* 35.59 but very plainly, declare he did not own their Authority, nor would give obedience to any of their Acts that were beyond the Bounds prefixed in His Majesties Letter: upon which he withdrew with divers of his Friends, and did advise and prevail on many to follow his Example. It is true, some came and asked his Advice, of whose Fidelity he had no reason to be assured, judging not without grounds that they came to him on design to trepan him; and therefore he told them, that for his own part he was resolved not to acknowledg their Authority, nor give obedience to their Commands, by which they might easily judge what he would advise, seeing his Practice. It is also false, that the Defendant procured from His Majesty an allowance to that Conven∣tion,

since the Letter His Majesty wrote was so far from allowing it, that it particularly challenged the Illegality and Nullity of that Meet∣ing;* 35.60 and the Convention was so far from thinking themselves Authori∣sed by it, that they refused to stand to it, or so much as to put it on Record. It is also false that any such Offers, as are vainly and without truth said to have been made to Mr. Murray, were ever brought by him to the Defendant, or others intrusted with him: he was indeed im∣ployed to deal with them to overcome their untoward Jealousies and ambitious Vanity, but with no success, as he reported, and is ready to make good; but they venting their implacable Hatred and ill-ground∣ed Jealousies of His Majesties faithful Servants, left the Kingdom in the Summer, and possessed many with such Prejudices, that they infinitely retarded His Majesties Service, and divided the small Party that adhe∣red to him: yet His Majesty sustained no Prejudice from Scotland all that year, which was the uttermost that ever the Defendant gave His Maje∣sty any hope of. But it is most basely false, that the Defendant did bring the Convention of Estates to the wished period, since he did all that was in his power to hinder its Sitting, and to get it broken up assoon as it sat down. It is also false that the Defendant was on the design of raising the Army in Scotland, which he opposed by all the probable and honest ways were in his power, and was ever ready upon the least ap∣pearances or hopes of Success, to have hazarded his Life and Fortune to hinder it: and therefore sent frequently to England for those Supplies, without which their Attempt could signifie nothing, but the exposing the Kings Party in Scotland to the scorn and malice of their Enemies. But the necessity of His Majesties Affairs in England did so retard the Answers, that opportunities were lost, and the other Party had prevail∣ed over all, which forced the Defendant to fly out of that Kingdom, Order being given for seizing on his Estate, and taking and imprisoning his Person; and yet Affairs there are not quite desperate, but the De∣fendant had many very probable Propositions to have offered to His Majesty, the Maintaining of whose Prosperity and Authority hath been the constant designofhis whole Life.

Charge.

That he hath endeavoured to set on foot a Title to the Crown of Scotland,* 35.61 having Treated with Forreign Princes touching his Claim thereunto, and de∣sired their Aid and Assistance to his Right, protecting and maintaining such as wrote Treatises in his behalf, and Claim to the Crown.

Besides all which particulars of his treacherous sowing of Sedition 'twixt His Majesty and His Subjects, his undervaluing and reviling his own Sa∣cred Person, his fomenting all the unhappy Differences betwixt King and People, his exciting of each against the other, his pouring of oyl into the fire betwixt them both, his direct Attempts upon the Crown, and intenti∣ons to Vsurp, his late Carriage doth give too evident a Character of his in∣vincible Disloyalty; as particularly his treacherous Carriage, before, in the time, and at the late Convention, his juggling in the business of the Counter∣petition, and that of the late pretended Bond, which are so notorious Truths, and so evidently to be instructed by all His Majesties good Subjects, but more particularly by those with whom by His Majesties special Command he kept a seeming Correspondence. Besides divers other circumstances, whereby it may be clearly demonstrated, that he is of the Party with them that have rai∣sed

this Rebellion in Scotland, namely, that in the Instructions given by that Faction to the Earl of Lowthian in his late French Negotiation, one of the particulars earnestly recommended to him, was to desire of the Crown of France Restitution of the Dutchy of Chastleherault to him, which in all probability they would never have done in his favour, if they had taken him for an Enemy to their designs and purposes.

Last of all it is craved, that in respect of his unexpected Arrival here, there may be liberty to add and amplifie this Charge as occasion shall offer.

One particular omitted above, is not amiss to be here inserted, at what time the business of the Scotish Covenant was at the greatest height, a distressed Gentleman of Scotland, Sir John Ferguson, desired the Loan of some Mo∣ney from Sir John Hamilton of Broomhill, (whose Relation and Interest every way to the Duke are known to every one who knows them both:) who an∣swered him in flat terms, he would neither give nor lend him a penny, except he and his Sons would bind themselves to go home and sign the Covenant, upon which Condition he offered to lend him what he sought.

We do engage from our faithful respects to His Majesties Service, without any consideration or interest else whatsoever, to make good this Charge, some of the weightiest points by several Witnesses, and all the rest by some and strong Probabilities.

Answer.

* 35.62

To the eighth Article the Defendant says, here lies the Master-piece of his Enemies Malice and Calumny, to charge him with a point trea∣sonable in the highest degree, without offering one circumstance to make the Truth of it appear probable: and such publick things as the setting on foot a pretence to the Crown, the Treating with Forreign Princes touching his Claim to it, the Authorising and Protecting of any who wrote in defence of his Title, must have been notour and known things, and yet no particular is here named; which clearly shews the Forgery of the whole, on design to beget in His Majesty Jealousies of the Defendant, who knows of no such Title to the Crown, but acknowledges His Ma∣jestie's and His Posteritie's, (whom he prays God to preserve) their un∣doubted Right to the Crown. And as the Defendant acknowledgeth the great Honour of his Relation to the Royal Blood, so there is no more reason to Charge him on that account than to Charge any others who are more nearly related to His Majesty, as are all the Noble branches of the Prince Elector Palatin's Family. But as the Honour of that near∣ness of Blood had no other effect on the Defendant's Progenitors, but to quicken them to serve His Majesties Ancestors with the more zeal, which appeared most signally in the Reigns of Q. Mary and K. Iames His Minority; so the Defendant hath in that always traced their steps in the same faithful zealous Loyalty; nor can so much as a colour for any of the impudent Forgeries in this Article be made out. The Defen∣dant never heard till he saw it in his Charge, that any did ever write for his Title, nor does he believe it a whit the more for that: but if any such thing be, let the Authors of such treasonable Books be pu∣nished, according to the merit of so high an Offence; sure he is, he shall neither protect, nor encourage them. But he does not doubt this is a Forgery as all the rest are. The other particulars are an Invi∣dious needless repetition of what hath been before falsly alledged in the

Charge, and so is already answered. The particular of the Earl of Lowthian's Instructions can be no Presumption, much less Proof against the Defendant, since these Instructions were signed long before there was a Breach betwixt His Majesty and that Kingdom: they were also brought to His Majesty, who signed them, and not only by His written Instructions did appoint the Earl of Lowthian to endeavour the Restoring of the Defendant to his Right in France, but did also recommend it verbally to Lowthian very earnestly. For the Discour∣ses that passed betwixt Sir Iohn Hamilton and Sir Iohn Ferguson, the De∣fendant knows nothing of them, nor is he accountable for what o∣thers, whatever their Dependance on him be, have spoken; he knows not whether Sir Iohn Ferguson ever took the Covenant or not, but this he knows well, that he did recommend him to His Majesty, as one that suffered much for adhering to his Duty to His Majesty, and did procure several Marks of His Majesties Favour for him.

And thus the Defendant hath plainly, and in as short terms as was possible, and with all the Moderation such things can allow of, an∣swered all the particulars Charged upon him; wherein he doubts not but it does appear, especially to His Majesty, (who knows well how he is able to make out most of his Answers from His own Royal Com∣mands, Warrants and Instructions) with how much Falshood and Malice he is accused, so that little credit will be given to the im∣pudent, base, groundless, and improbable Forgeries, devised to ru∣in the Defendant; who, as he is ready quickly to adduce the main and most substantial points of his Evidence, so he begs, as an Act both of Justice and Goodness, that his Accusers have a competent time prefixed them for the bringing in and finishing their Evidence, that if the Defendant be found Guilty, he may receive condign Pu∣nishment, and if Innocent, that he be exonered of this Charge, and liberated of this Disgrace, and suffered to accuse his Accusers for the Falshoods, Lies, and Calumnies, with which they have studied to abuse His Majesty.

The Duke having got the Charge, desired Mr. Murray would ear∣nestly move the King that it might be put to a speedy Examination, and that his Accusers might be ordered to go about it assoon as might be: they excused themselves, saying, it was impossible while the Com∣motions lasted, to get their Evidences brought. The Duke hearing of this, said it was the saddest thing imaginable to keep him under such high Imputations to so long and indeterminate a Term: for though no man wished a speedy end to those Troubles more than himself, yet there were sad grounds to fear they should prove too lasting; and it was hard to keep him under so deep a Disgrace, and such cruel Aspersions, to that uncertainty. Much was also alledged from the Laws of Eng∣land, and Priviledges of the Peers, against this Procedure. His Ene∣mies fearing these Reasons might at length be heard, procured an Or∣der in the beginning of Ianuary, for sending him, first to Exeter, on his way to Pendennis, a Castle upon Falmouth in Cornwall, to be kept Prisoner till his Trial were ready to be gone about.

Lanerick was as active as he could both for his Brother and him∣self.* 35.63 The particulars he was charged with did not amount so high,

and were chiefly his Concurrence with his Brother: for the Affection and Confidence betwixt them was so entire, that all judged the one could not be Innocent if the other was Guilty. The two English Secretaries were appointed to examin him, but he answered them only in some General things, and told them, that for those particulars of his late Trust, divers other Scotish Lords were concerned in them, and it was not an English business; and therefore he desired Liberty to give His Majesty Satisfaction, but refused to do it to any other Per∣son. And he seeing the Party made against them was so strong, did earnestly crave Liberty to go beyond Sea, since he could not be so happy as to serve His Majesty longer in Britain:

and he engaged his word of Honour never to meddle any further in British Affairs, but that assoon as he should be called home to undergo his Trial, he should upon the faith of a Gentleman and Christian return, since it was hard that they should be condemned to the infamy of so long a Dis∣grace without any Trial. But to this he had no return; and it seemed that none of these Messages were faithfully carried to His Majesty.

Next he desired, that since he must continue Prisoner, at least that small Happiness might not be denied him of being Prisoner with his Brother; but neither got he any return to this. And the King sent to him for the Court-Signet, but with this Declaration, that he did not thereby intend to remove him from the Office of Secreta∣ry; which yet remains bearing date, Oxford the 16^th of Ianuary, 1644. Signed George Digby, Edward Nicholas. He got also advertise∣ment sent him, that next day he was to be sent to Ludlow-Castle in Wales.

* 35.64When the Earl of Lanerick saw that the malice and power of their Enemies was so great, that they were not like to obtain a Trial for clearing their Innocence, and discovering the Forgeries of their Accusers; and fearing a long and cruel Imprisonment, (some surmises being also brought him of greater Severities) he made his Escape out of Oxford. The particular way whereof is not needful to be inserted. Only the malice of his Enemies appeared more signally upon the knowledg of his Escape, who came and moved, that his Page (Robert Kennedy) who had been imployed in making it, and stayed behind him at his Lodgings, should be hanged out at his Win∣dow. But the King told them, it was very unjust and unreasonable to punish a Servant for his Fidelity to his Master, and commanded him to be set at Liberty. The Earl of Lanerick went to London, and from that returned to Scotland, where it clearly appeared, that nei∣ther 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 Nar∣ration.

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 dis∣accommodations,

which are not fit to be named. Assoon as His Maje∣sty 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 ca••¦ried by Sir Alex. Frazer, (which he avouched to the Writer) wh•• told him that His Majesty had an entire Confidence in him, and wa•• resolved to release him very speedily: how his Majesty was diverte•• 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 sel•• in gallant Designs and Actions, being restricted to retired Contempla∣tions, 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 pre∣sent 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 Infir∣mity, 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 E∣scape, 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 an∣swered 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 Le∣gally 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 Corn∣wall, where he was then Prisoner, to a Surrender, by which means he had his Freedom.

Notes

• * 1.1

  Great Jealou∣sies of the King in Scot∣land.
• * 1.2

  Dunfermline Commissioner to the General Assembly.
• * 1.3

  The Assembly declares a∣gainst Episco∣pacy in Eng∣land,
• * 1.4

  Many desire Uniformity in Church-Go∣vernment; and that the Conservators of Peace might meet.
• * 2.1

  The Kings Letter about Uniformity of Church-Government.
• * 2.2

  The Chancel∣lor calls a Meeting of the Conserva∣tors of the Peace.
• * 2.3

  Mr. Murray sent to Scot∣land,
• * 3.1

  who informs about the State of Affairs there.
• * 4.1

  An account o•• Affairs in England.
• * 4.2

  Much pains taken to en∣gage Scotland to the Kings Service.
• * 5.1

  The Kings Let∣ter to the Con∣servatours of the Peace.
• * 5.2

  The Conserva∣tours incline to serve the King,
• * 5.3

  and to invite the Queen:
• * 5.4

  and send Lan••∣rick to the King.
• * 5.5

  But the King was jealous of them.
• * 6.1

  The Conserva∣tours become worse affected.
• * 6.2

  The Earl of Louthian is sent to France.
• * 6.3

  Lanerick is sent back to Scotland.
• * 7.1

  An extraordi∣nary Letter of the Kings.
• * 7.2

  The Ministers perswade the People to Arms.
• * 7.3

  The Marquis and Argyle at enmity.
• * 7.4

  The Marquis is complained of England as the Incendia∣ry.
• * 7.5

  Great debates in the Council about the Kings Decla∣ration.
• * 8.1

  An. 1643.
• * 8.2

  Most are incli∣ned to joyn with the Two Houses against the King.
• * 9.1

  The Cross Petition.
• * 9.2

  Many sign it.
• * 9.3

  All the Mini∣sters condemn it.
• * 9.4

  Commission∣ers sent to Treat betwixt the King and the Two Hou∣ses.
• * 9.5

  Lanerick goes to Court, and discovers the inclination of the Church-party.
• * 10.1

  The Petition against the Annuities.
• * 10.2

  The Queen lands in Eng∣land, and Mon∣trose waits on Her, and of∣fers his Ser∣vice.
• * 10.3

  The Marquis goe•• to Her, and dis••wades the precipita∣ting a Rupture with Scotland.
• * 10.4

  The Commis∣sioners at Ox∣ford get their last Answer.
• * 11.1

  The Commissi∣oners recalled to Scotland.
• * 11.2

  The Marquis adviseth the King to joyn others with him in publick Trust,
• * 12.1

  and writes to the Queen.
• * 12.2

  The Commissi∣oners are not suffered to go to London, and returned to Scotland.
• * 13.1

  They proceed to final Re∣solutions in Scotland.
• * 13.2

  A Convention of Estates is called.
• * 15.1

  Instructions for the Lords that were trusted by His Majesty.
• * 16.1

  The King sends the Mar∣quis a Patent to be Duke.
• * 16.2

  The Lords pursued as In∣cendiaries.
• * 17.1

  Lan••rick's ac∣count of Af∣fairs to His Majesty.
• * 17.2

  The Lords consult what to advise His Majesty.
• * 18.1

  The Duke ap∣prehends the Ruine of the Kings Affairs in Scotland.
• * 19.1

  And adver∣tises the Queen of his fears.
• * 20.1

  The Queen writes to the Duke.
• * 21.1

  The Dukes Answer to Her Majesty.
• * 22.1

  The Kings Letter about the Conventi∣on to the Council,
• * 23.1

  and to Lanerick.
• * 23.2

  The Earl of ••indsay ••s with the King.
• * 25.1

  The Kings Let∣ter to the Con∣vention of E∣states.
• * 25.2

  The Duke stu∣dies to keep Scotland from agreeing w••••h the Two Hou∣ses.
• * 25.3

  The Conven∣tion sits.
• * 25.4

  Great Jealou∣sies and Divi∣sions in Scot∣land.
• * 25.5

  The General Assembly sit••.
• * 25.6

  Commissioners come from England.
• * 25.7

  The Argu∣ments that prevailed for entring in a League with them.
• * 25.8

  The Solemn League and Covenant.
• * 25.9

  The Censures that generally were passed on it.
• * 26.1

  Letters from the King and Queen to the Duk••.
• * 28.1

  The Kings Letter to His good Subjects in Scotland.
• * 28.2

  The Lords whom theKing employed, meet and send Propositions to the King.
• * 28.3

  The Treaty betwixt Scot∣land and En∣gland is con∣cluded.
• * 28.4

  Berwick seized on by the Parliament.
• * 29.1

  The Kings Letters to the Conservatours of the Treaty.
• * 30.1

  The Kings Letter to the Council.
• * 31.1

  The Kings Letter to Lanerick.
• * 32.1

  The Kings Let∣ter about the Proclamation to the Coun∣cil.
• * 34.1

  His Majesties Letter to La∣nerick to the same purpose.
• * 35.1

  The Kings Letter to the Duke.
• * 35.2

  The Kings Affairs in Scot∣land decline.
• * 35.3

  A Message sent to Court by the Earl of Traquair.
• * 35.4

  All are requi∣red to take the Covenant.
• * 35.5

  The Duke's endeavours for serving the King.
• * 35.6

  The Lords that were for the King met at Kelso.
• * 35.7

  The cruel Or∣ders of the Committee against those who took not the Covenant.
• * 35.8

  The Duke ill represented at Court.
• * 35.9

  The Duke goes to Court,
• * 35.10

  and is made Prisoner.
• * 35.11

  The Duke gets a Copy of his Charge, and Answers it.
• * 35.12

  Article 1.
• * 35.13

  Answer▪
• * 35.14

  The Answer to the first Article.
• * 35.15

  Article 2.
• * 35.16

  The Answer to the second Article.
• * 35.17

  Comp. p. 30. and p. 43.
• * 35.18

  See p. 38.
• * 35.19

  Article 3.
• * 35.20

  The Answer to the third Article.
• * 35.21

  See p. 40. n. 7.
• * 35.22

  See p. 50.51.
• * 35.23

  See p. 64.
• * 35.24

  See p. 107.
• * 35.25

  See p. 96.97.
• * 35.26

  Article 4.
• * 35.27

  The Answer to the fourth Article.
• * 35.28

  See p. 114.
• * 35.29

  See p. 144.
• * 35.30

  See p. 124.
• * 35.31

  See p. 133.
• * 35.32

  See p. 131, 133.
• * 35.33

  See p. 138.
• * 35.34

  See p. 139.
• * 35.35

  See p. 140.
• * 35.36

  See p. 123.
• * 35.37

  See p. 117.
• * 35.38

  See p 135.137.
• * 35.39

  Article 5.
• * 35.40

  The Answer to the fifth Article.
• * 35.41

  See p. 146.
• * 35.42

  Article 6.
• * 35.43

  The Answer to the sixth Article.
• * 35.44

  See p. 211.
• * 35.45

  See p. 220.
• * 35.46

  See p. 223.
• * 35.47

  Article 7.
• * 35.48

  The Answer to the seventh Article.
• * 35.49

  Comp. p. 212. with p. 195.
• * 35.50

  See p. 21••.227, 228.
• * 35.51

  See p. 210.
• * 35.52

  Comp. p. 195. and p. 218.
• * 35.53

  See p. 21••.
• * 35.54

  See p. 232.
• * 35.55

  See p. 219.
• * 35.56

  See p. 245.
• * 35.57

  See p. 230.
• * 35.58

  See p. 226.
• * 35.59

  See p. 224.
• * 35.60

  See p. 232.
• * 35.61

  Article 8.
• * 35.62

  The Answer to the eighth Article.
• * 35.63

  Lanerick being also Prisoner, does all he can for their Vin∣dication,
• * 35.64

  and makes his Escape.