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.

Answer.

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

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

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

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

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

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

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

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

When the Earl of Lanerick saw that the malice and power of their Enemies was so great, that they were not like to obtain a Trial for clearing their Innocence, and discovering the Forgeries of their Accusers; and fearing a long and cruel Imprisonment, (some surmises being also brought him of greater Severities) he made his Escape out of Oxford. The particular way whereof is not needful to be inserted. Only the malice of his Enemies appeared more signally upon the knowledg of his Escape, who came and moved, that his Page (Robert Kennedy) who had been imployed in making it, and stayed behind him at his Lodgings, should be hanged out at his Win∣dow. But the King told them, it was very unjust and unreasonable to punish a Servant for his Fidelity to his Master, and commanded him to be set at Liberty. The Earl of Lanerick went to London, and from that returned to Scotland, where it clearly appeared, that nei∣ther the Malice of his Enemies, nor the hard measure he had met with at Oxford, could overcome his Love and Duty to the King: for though he was forced to comply in many things with the Publick Counsels, yet he begun very soon to draw a Party, that continued to cross the more violent and fierce Motions of Argyle and his followers. But here the Writer is forced to stop, Papers failing him for prosecuting this Nar∣ration.

The Duke was upon his Brother's Escape used with much strictness, his Servants were put from him, his Money taken away; he was denied all freedom, and the use of Pen and Paper was refused him, except to write Petitions to the King: yea in the Room where he stay'd he met with dis∣accommodations,

which are not fit to be named. Assoon as His Maje∣sty knew of this, which was as long delayed as his Enemies could, that Strictness was changed, but still he continued to be a close Prisoner. And though he always petitioned for a speedy Tryal, yet he was put off▪ but for all that severity of Usage, his Majesties Affection continued to 〈◊〉〈◊〉 very great for him, and he sent him many kind Messages. One was ca••¦ried by Sir Alex. Frazer, (which he avouched to the Writer) wh•• told him that His Majesty had an entire Confidence in him, and wa•• resolved to release him very speedily: how his Majesty was diverte•• from that, the Writer does not know.

But to give the Narration of the Duke's Exercises during his long and tedious Imprisonment, is a Task which no Pen but his own could have performed: for that great Mind which had formerly dilated it sel•• in gallant Designs and Actions, being restricted to retired Contempla∣tions, spent it self in thoughts worthy of their Author. Here it was that he instead of a Prison, begun to see a passage into Liberty and true Freedom: and those better thoughts, which a crowd of Affairs and the intanglements of Interests had barred free access into his Mind▪ meeting now with none of that resistance, but quickened from his pre∣sent Misfortune, wrought a great Change on him. And here did the vanity of the World, and the folly of human Greatness, with all that is splendid on this side of Immortality, discover it self free from that false Varnish, that had formerly wrought too much upon human Infir∣mity, which raised in him a just undervaluing and loathing of those bewitching, but deceiving Charms: and he meeting with Reproach and Slander on every side, betook himself to the Rock of Ages, as to his strong Refuge. He was much pained with frequent returns of the Stone, which was fed by the lazy rest of his Prison: yet his Converse was so agreeable, that it took exceedingly with all his Guards and Keepers, which being apprehended by his Enemies, the place but not the nature of his Restraint was changed. And in one of the places of his Imprisonment, a Person of Honour who was Governour of the place, was so much wrought on by the Nobleness of his Deportment, that as from the first time he was committed to his keeping, he used him handsomly and with great Civilities, notwithstanding strict Orders he had to the contrary; so he afterwards offered to let him make his E∣scape, which the Duke generously refused, both because he would not do any thing which might turn to the prejudice of the Governour, but chiefly because he would not fly from his Majesties Justice, nor stain his Innocence by an Escape. This Story was avouched to the Writer, by the Person himself that made the Offer to the Duke.

Some who pretended Friendship to him at Court, wrote to him, that the only way to clear himself of all Imputations, was to get his Friends in Scotland to concur vigorously in the King's Service, which was then managed with great success by my Lord Montrose: but he an∣swered them, that since he was charged with such heavy Imputations, he did not think it decent to meddle in any thing, till he were once Le∣gally cleared of these: neither could it be imagined, that his Letters would signifie much in Scotland under that Disgrace, since his Presence, when under high Characters of His Majesties Favour, could prevail so little. And indeed he had small grounds to expect much from Scotland, since those who governed there had never expressed any resentments of

his Usage, beyond one Act they passed, Declaring it contrary to the Priviledges of the Peers. And from some of his Friends in Scotland he got Letters, upbraiding him for his Services to the King, telling him, that had he been as faithful in serving the King of Kings, he had been better rewarded, and that he was well-served for preferring the one to the other. But his Imprisonment continued both this year 1644, and the next year, and lasted till the end of April 1646; that some of the Parliaments Forces brought the Castle of St. Michaels Mount in Corn∣wall, where he was then Prisoner, to a Surrender, by which means he had his Freedom.

Notes

• The Answer to the eighth Article.
• Lanerick being also Prisoner, does all he can for their Vin∣dication,
• and makes his Escape.