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.

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;* 1.1 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,

* 2.1THat 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;* 2.2 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:* 2.3 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,* 2.4 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,* 2.5 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,* 3.1 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,* 3.2 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,* 3.3 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,* 3.4 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.* 4.1 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,* 4.2 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;* 5.1 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.

* 5.2But 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,* 6.1 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.* 6.2

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.* 8.1

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,* 9.1 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,* 9.2 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,* 10.1 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;* 10.2 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,* 11.1 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;* 12.1 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,* 13.1 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:* 14.1 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.

* 15.1RIght 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.

* 16.1RIght 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,* 16.2 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,* 18.1 &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,* 18.2 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,* 18.3 (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.

* 18.4At 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;* 18.5 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,* 18.6 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,* 18.7 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;

Notes

• * 1.1

  Most are incli∣ned to joyn with the Two Houses against the King.
• * 2.1

  The Cross Petition.
• * 2.2

  Many sign it.
• * 2.3

  All the Mini∣sters condemn it.
• * 2.4

  Commission∣ers sent to Treat betwixt the King and the Two Hou∣ses.
• * 2.5

  Lanerick goes to Court, and discovers the inclination of the Church-party.
• * 3.1

  The Petition against the Annuities.
• * 3.2

  The Queen lands in Eng∣land, and Mon∣trose waits on Her, and of∣fers his Ser∣vice.
• * 3.3

  The Marquis goe•• to Her, and dis••wades the precipita∣ting a Rupture with Scotland.
• * 3.4

  The Commis∣sioners at Ox∣ford get their last Answer.
• * 4.1

  The Commissi∣oners recalled to Scotland.
• * 4.2

  The Marquis adviseth the King to joyn others with him in publick Trust,
• * 5.1

  and writes to the Queen.
• * 5.2

  The Commissi∣oners are not suffered to go to London, and returned to Scotland.
• * 6.1

  They proceed to final Re∣solutions in Scotland.
• * 6.2

  A Convention of Estates is called.
• * 8.1

  Instructions for the Lords that were trusted by His Majesty.
• * 9.1

  The King sends the Mar∣quis a Patent to be Duke.
• * 9.2

  The Lords pursued as In∣cendiaries.
• * 10.1

  Lan••rick's ac∣count of Af∣fairs to His Majesty.
• * 10.2

  The Lords consult what to advise His Majesty.
• * 11.1

  The Duke ap∣prehends the Ruine of the Kings Affairs in Scotland.
• * 12.1

  And adver∣tises the Queen of his fears.
• * 13.1

  The Queen writes to the Duke.
• * 14.1

  The Dukes Answer to Her Majesty.
• * 15.1

  The Kings Letter about the Conventi∣on to the Council,
• * 16.1

  and to Lanerick.
• * 16.2

  The Earl of ••indsay ••s with the King.
• * 18.1

  The Kings Let∣ter to the Con∣vention of E∣states.
• * 18.2

  The Duke stu∣dies to keep Scotland from agreeing w••••h the Two Hou∣ses.
• * 18.3

  The Conven∣tion sits.
• * 18.4

  Great Jealou∣sies and Divi∣sions in Scot∣land.
• * 18.5

  The General Assembly sit••.
• * 18.6

  Commissioners come from England.
• * 18.7

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