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.

* 1.1Anno 1639.

* 1.2THE Marquis his thoughts did bear him sad company during his Jour∣ney: the least painful of them was, that he knew he had many Enemies, who would impute the present Disorders to his Mismanage∣ment, if not to his unfaithfulness; but those he quieted with his confi∣dence in His Majesties Justice, and his own Integrity. And indeed any personal Hazard could meet him must have had small footing in a mind prepossessed with other thoughts. That which tormented him most (as appears by his Letters) was, that he saw inevitable Ruine hanging ei∣ther over his Master, or his Country, if not over both; since the Ru∣ine of either would prove fatal to both. To advise His Majesty to Treat any further, before he were in a posture to command as well as to treat, was so dishonourable that he could not think of it. He saw a Kingly way must be taken, but he knew well His Majesties Affairs were not in a very good posture. England had enjoyed a long quiet, and so both their Warlike Spirits and Preparations were much rusted: there was store of Factious Spirits among them, who would give heartless assistance to His Majesty in his Designs; and those who would be most forward, he knew were ready to drive His Majesties Resentments too far. He saw little hope of any Party to be made for the King in Scotland, except from the Marquis of Huntley. He knew the Covenanters would proceed as men desperate; and less heartiness could be expected from His Maje∣sties hired Souldiers, than from such as had no hope but in their hands and actions. In a word, all things looked so cloudy to his discerning mind, that it proved a melancholy Journey to him.

* 1.3On the 5^th of Ianuary he came to Whitehall, where he gave the King a true and ample Relation of all particulars. His Majesty was fully sa∣tisfied with his Carriage in every step of it, approving all he had done; but was so highly irritated at the Covenanters, that he resolved nei∣ther to think nor talk of Treating, till he should appear in a more for∣midable posture; judging it would render his Person and Government contemptible, not onely to all abroad, but to his other Subjects, and teach them to kick off his Authority, if after all the Affronts had been put upon his Laws and Condescensions he should be so tame as still to Treat; and therefore was resolved not to receive the Letter he knew was coming from the Assembly to him, backed with a Petition from the Lords. But the Marquis desired he would delay any such more appa∣rent Breach, till he were ready to appear in the Field, which was im∣possible before March. All His Majesties thoughts were now bent up∣on the way of reducing Scotland to due Obedience, in which the Mar∣quis offered him his humble and hearty concurrence: for though his Affection to his Country and Friends did struggle strongly against his engaging further, yet it yielded to his Duty; but not so intirely, as to clear his Spirit of sad regrates. And in this he was not onely rivalled, but far out-stripped by his Soveraign, whose Sorrow keeping pace with his Affection and Interest, made this Expedition prove as sad as it was just.

The Design was thus laid down: His Majesty was to raise an Army of thirty thousand Horse and Foot, and to lead them in Person to∣wards Scotland: He was to write to all the Nobility of England;* 1.4 to wait upon him to the Campagne with their Attendants, who should be maintained by His Majesties Pay: He was to put good Garrisons in Berwick and Carlisle, two thousand in the former, and five hundred in the latter: He was at the same time to send a Fleet to ply from the Frith North-ward for stooping of Trade, and making a great Diver∣sion for guarding the Coast: He was also to send an Army of five thousand men under the Marquis his Command to land in the North, and joyn with Huntley's Forces: all which should be under his Com∣mand, he retaining still the Character of Commissioner, with the addi∣tion of General of the Forces in Scotland. And with these he was, First, to make the North sure, and then to move South-ward, which might both make another great Diversion, and encourage such as wished well to His Majesties Service, who were the greater number in those Parts. Next, the Earl of Antrim was to land in Argyle-shire, upon his Preten∣sions to Kyntire, and the old Fewds betwixt the Mackdonalds and Camp∣bels; and he promised to bring with him ten or twelve thousand men. And last of all, the Earl of Strafford was to draw together such Forces as could be levied and spared out of Ireland, and come with another Fleet into Dumbriton-Frith; and for his encouragement, the Marquis desired him to touch at Arran, (that being the only place of his Interest which he could offer unto His Majesty) and he would be sure of all his Men there, (such naked Rogues as they were, is his own phrase.) Be∣sides, there were store of Cows in that Island for the provision of the Fleet, which he appointed should not be spared.

Thus was the Design laid down for curbing the Scotish Insolences:* 1.5 yet His Majesty firmly resolved, that when-ever they returned to their Obedience, he should not be inexorable. The first thing for prosecu∣ting this Design, was the looking for Officers and Money: for the former, England was pretty scant; yet the best were sought out. On the second of February the King named the Earl of Arundel to be Ge∣neral, the Earl of Essex to be Lieutenant-General of the Foot, and the Earl of Holland to command the Horse. Letters were also sent through the Counties for levying of Men, and Advertisements given to the No∣bility to meet the King at York against the first of April. Antrim un∣dertook bravely, and Strafford said, he should doe what was possible with all expedition. The Fleet was appointed presently to be rigged out; and Orders issued out for levying five thousand Souldiers, un∣der the Command of the three gallant Colonels, Morton, Byron, and Harecoat, who should go with the Fleet without knowing whither they went. A Commission for the Lieutenantry of the North of Scot∣land was sent to the Marquis of Huntley; but he was ordered to keep it up as long as was possible, and carefully to observe two things. One was, not to be the first Aggressor, except he were highly provoked, or His Majesties Authority signally affronted; the other was, that he should keep off with long Weapons, till His Majesty were on the Bor∣ders; lest if he should begin sooner, the Covenanters might overwhelm him with their whole Force, and either ruine him, or force him to lay down his Arms. As for the Marquis his Employment, he told His Ma∣jesty, that though he was so far from declining his Service at such a

time, that he should be infinitely troubled if he were not imployed: yet he desired the King might choose a fitter person for the Naval Forces, since he was altogether unacquainted with Sea-affairs, and not fit for such an important Service. But His Majesty looking upon this as an effect of his Modesty, gave no hearing to it; telling him, that as for Affairs purely Naval, Sir Iohn Pennington the Vice-admiral should go with him, and would abundantly supply his defects in that.

But the getting of Money was the hardest part of all, for two hundred thousand pound Sterlin was all the Money the King could make account of. The Treasury was much exhausted; and an unlucky Accident fell in at that time, which put the King to much extraordinary Expence, the Queen-Mother of France coming over to England: yet the King found Himself able to doe well enough for the Summer following, but His Purse could not weather out another year.

Thus did the King frame and prosecute His Design, with the Secret whereof very few were trusted; it being communicated to none with∣out reserve, save to Canterbury, Arundel; Sir Henry Vane, and by Letters to Strafford, but above all to the Marquis.

But here this Narration must be stopt, that we may take a view of Scotland,* 1.6 and of the Power and Practices of the Covenanters. In the beginning of Ianuary there was a full Meeting of them at Edinburgh, where they first resolved to send a Gentleman to the King, with the Assemblies Letter, and a Petition from themselves, full of Submission to the King, Invectives against the Marquis, and Justifications of their Procedure in all things, particularly in the late Assembly: which they doubted not, they should make appear in the ensuing Parliament, of the holding whereof they seemed to make no question. With this the Earl of Argyle wrote a general Vindication of his own Behaviour; and these Letters were sent to Court by Mr. Winram. His Majesty received their Petition, but resolved to give it such an Answer in due time as their Behaviour deserved: but he wrote back to Argyle, that he should be willing to receive from his own mouth a Vindication of his late Beha∣viour, though it seemed scarce capable of any. The Covenanters their next, and indeed chief care, was, to fortifie themselves against what they knew in reason they might quickly expect. Orders were there∣fore given through all the Shires of Scotland, that a Committee of War should sit in every Shire, Souldiers be listed and trained, and a Commissioner sent from every County, to lie at Edinburgh for recei∣ving and transmitting of Orders. Great care was also taken to pro∣vide the Country with Arms and Ammunition, Merchants were sent every where to buy up all were to be had, and in a short time there were Arms for above thirty thousand men brought to Scotland; and particular Orders were given, that none should be sold, but to such as were well-affected to the Cause. Strong and strict Guards were set about the Castle of Edinburgh, so that it being but hitherto ill furnish∣ed, little was to be expected from it; wherefore Ruthwen would not shut himself up within it, but went to offer his Service to His Majesty, where he might be more useful. They were also careful to fortifie Leith, apprehending hazard from the Kings Fleet; and about fifteen hundred of all Sexes, yea and all Qualities, for encouraging of others, wrought about it till the Fortifications were compleated.

But of all men the Ministers were the busiest: the Pulpits did ring with the Ruine of Religion and Liberties; and that all might look for Popery and Bondage, if they did not now quit themselves like men.* 1.7 Curses were thundred out against those who went not out to help the An∣gel of the Lord against the mighty, (so oddly was the Scripture applied;) and to set off this the better, all was carried on with many Fasts and Prayers: and they forgot not to pretend much Duty and Affection to the King; but the Bishops and his other ill Councellours (as they called them) got the blame of all, and none more than the Marquis. By these means it was, that the poor and well-meaning People were animated in∣to great extremities of Zeal, resolving to hazard all in pursuance of the Cause: for they were told, that the design was to reduce Scotland to a Province under the Power of the English, whose Oppression they must resolve to bear if they stood not now to their own Defence. Upon this it was that the Committees for War, which were held in the several Shires about the beginning of February, found small resistance, and no dif∣ficulty of levying Men; greater numbers being offered than could be ei∣ther armed or maintained.

At Edinburgh the Session met with great trouble from the Covenan∣ters;* 1.8 for the greater number of the Lords of the Session being resolved not to own the Assembly, all such Petitions wherein the Bishops were not designed as they ought to have been, but were called either pre∣tended Bishops, or late Ministers of the Places where they served before their Promotion, were rejected: and some Signatures being offered in Exchequer, wherein they were so designed, Traquair took them and tore them to pieces. Of all this the Covenanters complained, as if Justice were denied; but it was told them, that if they went to force the Sessi∣on, it would be High Treason, and that they would never yield to them. But the four Covenanting Lords of the Session having passed Petitions wherein the Bishops were so called, these were stopt at the Signet. The Covenanters made also great Complaints to the Council, of some persons who had written to England of their Designs to invade it; of which they protested themselves innocent, and craved liberty to pursue their Slanderers: but that was laid aside, only a Letter was writ∣ten about it to the King. Yet all, at least most, of the Council, what through fear, what through inclination, went along with the Cove∣nanters; and such as stood firm to their Duty were forced to fly into England.

The Covenanters made sure work of all the Shires;* 1.9 onely in Twed∣dale Traquair resisted them a little, and got their Meetings to be desert∣ed for two or three Diets; but that was all he could doe. In Teviot∣dale the Earl of Roxburgh kept all right, and begun to levy men as well as others; but he was faintly followed. The Marquis of Douglass was not able to doe His Majesty that Service his Illustrious Ancestours had done the former Kings; for himself was a Papist, and so not followed by the Friends and Dependers of that Noble Family: so that all the Marquis could doe, was to go and wait upon His Majesty, and offer his House of Tentallon to be made use of as the King pleased. But the Co∣venanters seized both it and his House of Douglass: and thus all on the South of Tay was lost without stroke of Sword. But in Angus the Earls of Airly and Southesk made more vigorous resistance to the At∣tempts of the Covenanters, and were able to have made that Country

good for the King, but could not withstand the Force came upon them from other Places. They all armed, and Earl Airly stood out to the Pa∣cification, but Southesk was fitter for a Council than a Camp; and see∣ing inevitable Ruine to follow, since the Kings Preparations went on so slowly, he struck sail and came to Edinburgh. Huntley gave them more trouble: for my Lord of Montrose and Kinghorn, with some others, coming to hold a Committee at Turreff in that County, he gathered so many together, and came so near them, that they were forced to di∣sperse themselves; yet he kept up his Commission of Lieutenantry, act∣ing onely in the quality of a Peer and Councellour. But they resolved, since they could doe nothing against him with the men of that Shire, to bring a Body from other Places to ruine him. The want which pinch∣ed the Covenanters most at first was, of good Officers; and this made General Lesley (who at that time had acquired much Fame in the Wars of Germany) get an earnest Invitation sent him from the Earl of Rothes, in the name of the Covenante••s, to come home to command their Forces: upon which he did quit his Employment there, and came to Scotland with many other Commanders. He was chosen their General, and un∣dertook the Service with much Joy. And this was the Posture and Pre∣parations of Scotland, which I draw from the Letters that are yet extant, written to the Marquis from the Lords of Traquair, Huntley, Airly, and Roxburgh.

Mean-while the King went on, making all the haste with his Levies and Preparations that was possible, in which none acted his part with more Fidelity and better Dispatch than the Earl of Northumberland, who was Admiral, and discharged what was committed to him so well, that no∣thing was defective that concerned the Fleet. But the Marquis found the Hearts of many of the English Nobility both backward and cold; and in particular he assured the King, that he saw much Heartiness was not to be expected from some of the general Officers; which the King apprehending,* 1.10 trusted them as little as was possible. About the middle of March the King published a Declaration of the Reasons of his Expe∣dition against Scotland, which was followed by a larger one, commonly called the Large Declaration or Manifesto, penned by Balcanqual, and re∣vised by His Majesty: in which a full account was given of the rise and progress of the Combustions of Scotland; of which no more shall be said, it being so commonly known, save that from the account hath been gi∣ven it will appear, how unjustly that Book was charged to be full of Lies and Calumnies.

* 1.11The News of this coming to Scotland set all a-flaming; whereupon they first sent in Papers and Letters through all England, and to the Court, vindicating themselves with high Protestations, that they design∣ed not the Invasion of England, as had b••en misrepresented: and there∣fore they expected no Hostility from th••m, to whom they neither did, nor intended hurt. These Letters were said not to be ill-received, even by some at Court, who were in the highest Trust. The Covenanters al∣so resolved to take the start of the King; and so on the 23^th of March General Lesley with some Companies went to the Castle of Edinburgh, and petarded the Gates, and set Ladders to the Walls, and carried it, no resistance being made from those within. It is true, much could not be made; but that could not wipe off their stain, who yielded that impreg∣nable and important Place so faintly. The occasion of their negligence

was, that a Gentlewoman of good Quality was sent in under pretence of visiting the Captain of the Castle, to keep him in discourse: she di∣ned with him, and engaged him to play at Cards, so that they were about his ears, before he was apprehensive of danger. Dumbriton run the same fate, it being surrendred by Sir William Stewart; whose only excuse was, that at his coming down the former year, he found the whole Garrison Covenanters, that he durst not turn them off, nor take on new Souldiers without a powerful assistance; and so finding them resolved both to deliver him and the Castle up, he could do no∣thing alone: besides that he was unprovided of every thing that was necessary for a Siege. The next day after the Castle of Edinburgh was seized, the Covenanters went to the Session to force the Lords to take the Covenant•• but most of them refused it: then they seized on the Privy-Seal, a••d thought to have got the Great Seal, which the Marquis had committed to the keeping of an honest Servant Mr. Iohn Hamilton, by their endeavours to prevail with him for it; but he refused to part with it except with his Life, and so preserved it.

Their next Attempt was upon Dalkeith, whither Traquair retired with a small Company: and he without stroke of Sword surrendred it, for which his Courage seemed more blame-worthy than his Hone∣sty. But his greatest fault was, that he yielded up the Regalia, the Crown and Scepter which lay there, and carried them not with him: neither did he spoil the Arms that lay there, which since he could not carry with him, he ought to have done, and not to have left them to strengthen the Enemy. But from this he hasted to meet the King at York. Roxburgh's Misfortune followed this; his County being upon the Borders was of great importance for the Kings Service, and he kept it in pretty good order, till Munro came with some Forces out of other Shires: but his Son Lord Ker, whom he left with the Trust of all, (going himself to wait on the King) turned over to the Covenant. The News of this overtook Roxburgh in his Journey, in which he made the more haste, that he might be the first who should give the King an account of that unlucky Adventure, whereby he might pre∣vent all Jealousies against himself.

The King set out from London the 27^th of March, and came to York the first of April. The first blast of this Storm fell on Huntley, against whom the Covenanters sent a great Force both of Horse and Foot with some Cannon, commanded by the Earls of Montrose and Marshal. But Marquis Huntley finding himself unable to resist them, retired in some disorder to Turreff, and they followed him, taking Aberdeen in their way; which had hitherto stood for the King, but was now forced to render, the Bishop with the Doctors escaping by Sea to Berwick. At Turreff My Lord Huntley laid down Arms, where treating with them, by a surprize he and his Son the Lord Gordon were taken Prisoners, and brought over, and committed to the Castle of Edinburgh,* 1.12 where they lay till the Capitulation at Birks. I am sorry I want materials for saying more in the vindication of that Noble Person; but I must not dismiss one Story without taking notice of it, which is, that the Mar∣quis is blamed, as having given him Orders to doe as he did. And this, with other Stories of the like truth, was put in to swell the Charge gi∣ven in against him some years after this; yet it is strange that when the Viscount of Aboyne, who was Huntley's second Son, came to wait upon

the King at York, there was no Complaint made of that: nor when Huntley was enlarged and waited on the King, do••s there appear the least vestige of his alledging any thing to the Marquis his preju∣dice. The ground of the Story is this, the Marquis had written in the Kings Name, and by his Order, to the Marquis of Huntley, when he sent him the Commission of Lieutenantry (as hath been said) to beware as much as was possible, that he should not be the first Aggressor, till His Majesty were upon the Borders; for the King knew that Huntley could not resist all the Covenanters Forces, and to make a powerful Diversion when the King should be dealing with them in the South, was all could be expected from him. Likewise, the Marquis failed not to give weekly Advertisements of the progress of the Kings Preparations; which appears both from Huntley's Letters to the Marquis, and the Co∣pies of the Returns he gave them, that are yet extant: and therefore there remains nothing upon this account to charge or suspect the Mar∣quis his Fidelity.

* 1.13The Marquis was left at London to see that the Fleet and the other Land Souldiers, who were to be shipped in some Colliers Vessels, might be ready to go aboard upon Order: and His Majesty wrote him the fol∣lowing Letter before he left London.

Hamilton,

I Received yours but this morning, to which before I answer, I must tell you News: First, that Jacob Ashly has possessed Berwick with 1000 Foot and 60 Horse, and Carlisle is likewise pos∣sessed by My Lord Clifford with 300 men; Secondly, I have comman∣ded Traquair to keep his C••amber, until he give me an account how he left Da••keith, with••ut striking one stroke, and before any Cannon was br••ught before it, having left the Ammunition (not destroyed) to their reverence, and likewise the Regalia: of this more by the next. Now for Answer, I have given the Proclama∣tion to be written over by the Clerk-Register, with the General Oath, both which you shall have with all speed: for your Military Oath, I like it extreme well, as likewise your opinion for detaining the Pa∣tents of Honours until the Country be settled; for your Brother, certainly if you had forgotten him I should not, but have remembred my old Engagement: and for Dalliel, indeed he deserves well; yet methinks a Viscounty may serve at this time, that I may have something more to give upon further occasion: and so I rest

Your assured constant Friend, CHARLES R.

York, 2 Apr. 1639.

The next day he had that which follows.

Hamilton,

ACcording to my promise yesterday I have sent you back the Pro∣clamation and Oath, but with very few Additions. As touch∣ing Traquair I can say little more than I did, because I have not yet seen his Defence; only if I had not taken this rude notice of his base Action, I am sure I should have disheartened a number of ho∣nester men than ever he was, or will be. This morning I have News of the safe Landing of the 500 Irish, which are by this time in Car∣li••le, there to attend until further Directions. I have no more at this time to say, but to know, if Col. Gun be not one that you have entertained, for it is said that he is going back again to Germany. One thing I had almost forgot; they say for certain that Aberdeen holds out still, and is not likely to yield in haste; if it be so, you know what to do. And so I rest

Your assured constant Friend, CHARLES R.

York, 3 Apr. 1639.

The day following he got the next Letter.

Hamilton,

THis is to tell you, that the News of the rendring of Aberdeen came immediately after the dispatch of the last Post, and th••t though Huntley be retired, yet he is neither beaten nor over-run: but the chief cause of my writing at this time is, that since I have shown the Proclamation to Orbiston and Sir Lewis Stewart, they have both been very instant with me to change something in it: which (though my Iudgement goes with them in the most, and there∣fore I will not be wilful; yet) I think I shall alter, or (but rather) palliate one point, to wit, not to set Prices upon the declared Re∣bels Heads, until they have stood out some little time; which time is to be expressed in this same Declaration. An••ther thing is, whi∣ther and when to send you Devick; and lastly, whether I shall see you before you put to Sea, which I should be glad of, if it should not retard the Service: and so I rest

Your assured constant Friend, CHARLES R.

York, 5 Apr. 1639.

A Dispatch came at this time from Ireland, shewing that it would be about the end of Iune, before the Lord Lieutenant could come with the Army he was preparing for His Majesties assistance:* 4.1 adding, that all Antrims fair undertakings were like to vanish in Air, and that he was not able to doe as he had engaged; for after he had used many Arts, to find some colour of fastening the failing on the Lieutenants part, by unreasonable demands, finding him satisfied with them all, was forced to acknowledge that he was not able to doe the King the Service he had unde••taken that Summer: yet most of the Scots in Ireland offered their Service very cordially, and willingly declared their dislike of the Covenant.

* 4.2His Majesties next care was about His Proclamation for Scotland, wherein he gave an account of the Affronts His Authority had received by the Covenanters, and his designs to doe ••imself right, according to the Power and Authority God had put in his hand: withal offering Indempnity to such as should within eight days lay down their Arms, some few excepted; Decla∣ring such as would not obey, Rebels, setting a Price upon their Heads, and ordering their Vassals and Tenants not to acknowledge them, nor pay them Rents. But by His Majesties Letters it will appear, how he was advi∣sed to change some particulars of the first Draught, to which Counsels His Majesty did willingly give ear: though there were some about him of both Nations, studious enough to disswade him from any thing that looked like a temper; some carried on by their Revenge, and passi∣onate Resentments: others were acted perhaps with worse Principles and Designs. In end His Majesty having resolved on a draught of a Proclamation, he sent one to the Marquis with this following Letter.

Hamilton,

I Send you with this my Proclamation, as I have now made it up∣on debate with Sir Lewis Stewart, wherein I have altered no∣thing from the first, but what I wrote you by my last; only I have added some things of favour to those that shall repent, which never∣theless are of so little moment, that although this should not come to your hands time enough, the other might pass very well. As for the publishing of it, I shall doe my best to get it proclaimed both in Edinburgh, and in the rest of the Kingdom: nevertheless you must not leave to doe your best for the publishing of it. So wishing good success as well to your Person as Cause, I rest

Your assured constant Friend, CHARLES R.

York, 7 Apr. 1639.

And with this Letter the King sent the following Order written with His Own Hand.

Hamilton,

I Send you herewith my Pleasure in a Proclamation to my Sub∣jects of Scotland, and by this command you to use all sort of Hostility against all those who shall not submit themselves accor∣ding to the tenour of the same; for which this shall be your Warrant.

CHARLES R.

York, 7 Apr. 1639.

At the same time the Marquis received the following Letter.

Hamilton,

I Have spoken with Henry Vane at full, of all those things that were concerted betwixt you, and agree in all things but one, which is, that he thinks your going into the Frith, will make the Rebels enter into England the sooner; whereas on the contrary, I think that my po••sessing of Carlisle and Berwick hath made them so mad, that they will enter in as soon as they can perswade an Ar∣my together, except they be hindred by some awful Diversion: where∣fore I could wish that you were even now in the Frith, though the Borders might be quiet till my Army be brought together, which they say will hardly be yet these ten days. Yet I am not out of hope to be at Newcastle within these fourteen days, and so to Ber∣wick as soon as I may with either Honour or Safety; wherefore my Conclusion is, go on a Gods Name in your former Intentions, ex∣cept I send you otherwise ••ord, or your self find some inevitable ne∣cessity: and so I rest

Your assured constant Friend, CHARLES R.

York, 10 Apr. 1638.

POSTSCRIPT.

I have sent y••u ten Blanks, whereof four be Signaturewise.

Both these found him at Yarmouth Road on the fifteenth of April, whither he was come to take in his Souldiers.* 7.1 The Officers were very affectionate to His Majesties Service, but did not know what their em∣ployment was to be, save that in general they were to go to Sea. When he told them they must go to Holy-Island, and there receive the Kings further Orders, they seemed surprized; yet were resolved on Obedi∣ence. Their men were good bodies, well cloathed, and well armed; but so little exercised, that of the 5000 there were not 200 that could fire a Musket. The occasion of this was, a Clause in the Councils Let∣ter

to the Lieutenants of the Counties, in which they were levied, that if other good men could be had, the trained men should be spared; and the Deputy-Lieutenants upon this ordered it so, that not so much as the Serjeants and Corporals were trained. But whether there was a Design in this God knows, for nothing appears to make it out be∣side Jealousies. This was a great affliction to the Marquis, for he knew the King confided much in him; and yet he saw there was an Im∣possibility of his doing any thing to purpose, till the Souldiers were some ways exercised; which he caused doe upon the Ships as frequent∣ly as was possible. The furnishing them with Water and other neces∣saries, together with Cross Winds, kept them some days in the Road; and before they got out of it, the Marquis received the following Let∣ter from His Majesty.

Hamilton,

IT is true that I was content to hear your Advice concerning your going into the Frith, it being chiefly to shew Henry Vane, that your Iudgement went along as well as your Obedience: though I had a care ever to take off from you the envy of seeking this par∣ticular Imployment, taking it, as it is just, upon my own abso∣lute Command; yet I will not say, but that you might have cause to wonder, because neither of us expressed our selves so clearly as we might. But my chief errand to you at this time is, that upon seri∣ous Debate upon your long Letter to Henry Vane, only with him and Arundel, (for I dare trust no ot••er) we found no reason to alter my former Commands, but were more confirmed in the fitness of them; only we have thought requisit to alter some things in the Proclama∣tion, which you shall receive by the next Dispatch, at furthest with∣in a day or two of this: so that you are not to (indeed I think you cannot) publish any, until the New one come to you, (for I believe it will be at the Holy-Island before you:) the Alterations of which you will only find to be, that I do not say all I think; but in no ways slack my Resolution, much less seem to yield to any new thing. So referring you to Henry Vane for the relating of our Proceedings here, I rest

Your assured constant Friend, CHARLES R.

York, 18 Apr. 1639. at ten a clock at night.

About the end of the Month he set Sail, but the Winds were contra∣ry, and so it was the 29^th of the Month e're he got to Holy-Island; where he met the following Letters from His Majesty.

Hamilton,

ACcording to my Promise on Thursday last, I send you herewith the Proclamation altered as I then wrote; and that you may not think that these Alterations are grounded upon new Counsels, I shall desire you to observe, that I do not so much as seem to adde the least thing to my former Promises. It is true, that I neither mention the late pretended General Assembly at Glasgow, n••r the Covenant, at this time: my reason is, that if for the present I could get Civil Obedience, and my Forts restored, I might then talk of the other things upon better terms. As for excepting some out of the General Pardon, almost every one now thinks that it would be a means to unite them the faster together; whereas there is no fear, but that those who are fit to be excepted, will doe it themselves by not accept∣ing of Pard••n, of which number I pray God there be not too many: So that you are now to go on according to your former Directions, onely proclaiming this instead of my former signed Proclamation; and so to proceed with Fire and Sword against all those that shall disobey the same. So praying to God to prosper you in all things, I rest

Your assured constant Friend, CHARLES R.

York, 10 Apr. 1639. at 4 in the Afternoon.

Hamilton,

BEfore that this come to your hands you will have received two of mine of an el••er Date, to which I can adde so little, that if I had not received yours of the 18^th, I would not have written at this time. You have done well in laying all the Doubts before me, and shewing all your Defects, (for which I am heartily sorry) by which I see there is not so much to be expected as otherwise there might: yet I continue my former Resolution, being glad that your own inclina∣tion leads you thereto; recommending Tantallon to your thoughts, for the which I have agreed with the true Owner. Think not of the North untill I have done some good in the South. I shall haste to Berwick as soon as possibly I may; but I fear it will not be before the 12^th of May, and I hope the 15^th will be the latest. So hoping to have a merry meeting with you in Scotland, I rest

Your assured constant Friend, CHARLES R.

York, 23 Apr. 1639.

With these he got also the following Note in answer to his last Letter from Yarmouth-Road.

Hamilton,

HAving opened your Pacquet to Master Treasurer, I could not but tell you, that I could not but pity your cross Winds, and com∣mend your Diligence: and so I rest

Your assured constant Friend, CHARLES R.

York, 25 Apr. 1639.

Having received these Orders he held on his Course, and on the first of May he entred the Frith, and found the fittest place to cast Anchor in was Leith-Road. The Covenanters had committed a great escape, in not building a Fort on Inchkeith; which might have occasioned much trouble to him, besides that it would have kept that Place from him, which proved of great use to his weary Souldiers. As soon as he came thither, Fires were presently set up on all the Hills to gather the Coun∣try for the defence of the Coast, which they expected he should have set on immediately. But he was first to get the Proclamation publish∣ed, wherefore that same night he sent one ashore with a Letter to the Clerk of the Council, commanding him to come aboard. He wrote al∣so to the Magistrates of Edinburgh to send him to him. The Bearer of these Letters was used civilly, but kept as a Prisoner; and the Town-Council of Edinburgh excused themselves from sending the Clerk of the Council to him. The Clerk also wrote to him, that he was kept by Force from coming to wait upon him. Next day he landed his Regi∣ments on Inchkeith and Inchcolm, (two little Islands in the Frith;) one of them upon the former, and two on the latter, both for giving them air, and exercising them. He caused also search and cleanse the Wells of these Places, which gave great relief: but at this time the Small Pox got among his Men, whereupon he put all the Infected in Ships by them∣selves; some few died. Yet for all the stories were made of his Mens dying below Decks, very few died during his whole stay at Sea; and he divided his care so equally among them, and was so obliging to them all, that they not o••ely were far from mutinying, but all of them be∣came most cordial to him: and the Colonels did highly magnifie both his Conduct, and his obliging Civilities to them, in their Letters to Sir Henry Vane.

* 11.1Three days after his former Message he sent one ashore with His Ma∣jesties Proclamation, (inclosed in a Letter to the Magistrates of Edin∣burgh) commanding them to publish it next day in due form, under all pains; and sent another Proclamation to the Clerk of the Council, com∣manding him to see it published; or if that were not done, to cause af∣fix it at the Cross. And next day at the hour wherein it ought to have been published, he caused loose some Peece of Ordnance: but the Ma∣gistrates of Edinburgh desired a delay of three days; to which he yielded because he was willing it might fall out so, that as soon as the eight days

prefixed in the Proclamation were expired, His Majesty might be on the Borders, that so they might be ready to enter into Hostilities imme∣diately. Upon which he wrote to His Majesty what he had learned of the Strength and Resolutions of the Covenanters, suggesting how ne∣cessary he believed it was to listen to a Treaty, if the Covenanters de∣sired it.

On the 9^th of May he received the following Letter, signed by about 40 of the chief Lords and Gentlemen of the Covenant, the Original whereof is yet extant.

Please your Grace,

AS we were here met to attend the Parliament indicted by His Majesty, there was shewed to us by the Provost of Edinburgh a Letter from your Grace to himself, and the Bailiffs, and Council of this City, with the Copy of theirs returned to your Grace, deferring the more full Answer till our Meet∣ing. And withall there was presented from your Grace His Majesties Pro∣clamation, which having perused, we find it doth contain divers points not onely contrary to our National Oath to God, but also to the Laws and Liberties of the Kingdom: for it carries a denunciation of the high crime of Treason against all such as do not accept the Offer therein contained; albeit it be onely a Writing put in Print without the Kingdom, and not warranted by Act and Authority of the Council, lawfully convened within this Kingdom. And your Grace in your Wisdom may consider, whether it can stand with the Laws, Liberties, and Customs of this Kingdom, that a Proclamation of so great and dangerous Consequence, wanting the necessary Solemnities, should be pub∣lished at the Mercat-cross of this City. Whereas your Grace knows well, that by the Laws of this Kingdom, Treason and Forfeiture of the Lands, Life, and Estate of the meanest Subject within the same, cannot be declared but either in Parliament, or in a Supreme Iustice-Court, after Citation and lawful Probati∣on, how much less of the whole Pe••rs and Body of the Kingdom, without ei∣ther Court, Proof, or Trial. And al••eit we do heartily and humbly acknow∣ledge and profess all dutiful and ci••il Obedience to His Majesty as our Dread and Gracious Soveraign: yet since this Proclamation does import in effect the renouncing of our Covenant made with God, and of the necessary means of our lawful Defence, we cannot give Obedience thereto, without bringing a Curse upon this Kirk and Kingdom, and Ruine upon our selves and our Po∣sterity; whereby we are persuaded, that it did never proceed from His Maje∣sty, but that it is a deep Plot contrived by the Policy of the Devilish Malice of the known and cursed Enemies of this Church and State; by which they have intended so to disjoyn us from His Majesty, and among our selves, as the Rup∣ture, Rent, and Confusion of both, might be irreparable, wherein we hope the Lord (in whom we trust) shall disappoint them. And seeing we have left no means possible unessayed, since His Majesties coming to York, (as before) where∣by His Majesties Ear might be made patent to our just Informati••ns, but have used the help (to our last Remonstrance) of the Lord Gray, the Iustice-Clerk, the Treasurer, and the Lord Daliell, as the Bearer can inform your Grace, and yet have never had the happiness to attain any hopes of our end, but have altogether been frustrate and disappointed thereof; and now understanding by the sight of your Graces Letter, that your Grace as His Majesties High Com∣missioner is returned with full Power and Authority to accommodate Affairs in a peaceable way, we will not cease to have recourse to your Grace, as one who hath chief Interest in this Kirk and Kingdom, desiring your Grace to consider,

(as in our Iudgments we are persuaded) that there is no way so ready and assu∣red, to settle and compose all Affairs, as by holding of the Parliament accord∣ing to His Majesties Indiction, either by His Sacred Majesty in Person, which is our chiefest desire, or by your Grace as His Majesties Commissioner, at the time appointed, wherein your Grace shall find our Carriage most Humble, Loy∣al, and Dutiful to our Soveraign, or to your Grace as representing His Maje∣sties Person: and in the mean time that your Grace would open a safe way, whereby our Supplications and Informations may have access to His Ma∣jesties Ears. And we are fully persuaded, that we shall be able to clear the Lawfulness and Integrity of Our Intentions and Proceedings to His Majesty, and make it evident to His Majesty, and to the World, that our Enemies are Traitors to the King, to the Church and State; and that we are and ever have been His Majesties Loyal and Obedient Subjects. So we rest

Your Graces humble Servants,

• A. Lesley
• Argyle
• Marre
• Rothes
• Eglinton
• Cassils
• Wigtown
• Dalhousie
• Lothian
• Angus
• Elcho
• Lindesay
• Balmerino
• Montgomery
• Forrester
• Erskins
• Boyd
• Napier
• Burghly
• Kirkudbright

Edinburgh, 9 May, 1639.

And about 30 Commissioners for Shires and Burroughs.

To this Letter the Marquis wrote the following Answer next day, di∣recting it to the Earl of Rothes.

My Lord,

I Received a Letter yesterday morning signed by your Lordship, and diver•• Noblemen, and others, wherein you alledge you are come to attend the Par∣liament; but considering your Preparation and Equipage, it appears rather to fight a Battel, than to hold a Civil Convocation for the good of the Church and Commonwealth. You may perceive by His Majesties Gracious Proclamation, that he intended in His Own Sacred Person to be present at the Parliament, so soon as with Honour and Safety he might doe it, and for that end exprest therein what was fit to be done. But these Courses which you take, and your Disobedience to his Iust Commands, daily more and more shewed, will necessi∣tate him to have them put in execution another way.

It is true, that His Majesty sent me hither to accommodate these Affairs in a peaceable manner, if it were possible, which I have laboured to doe; and accordingly my Deportment hath been, which hath been met with that Retribu∣tion, as if I had met with the greatest Enemy: but your refusing to publish His Majesties Grace to his People, signified in his Proclamation, hath taken away that Power which otherwise I had; that being a Liberty taken to your selves, which never any Loyal Subjects assumed in any Monarchy. You alledge many Reasons for your selves, of the Illegality of that Proclamation; but you can∣not be ignorant, that your Carriage hath forced many of these principal Coun∣cellours for safeguard of their Lives to forsake the Kingdom, out of which they remain yet for the same cause. You have suppressed the Printing of all Wri∣tings,

but what is warranted by Mr. Alexander Henderson, and one Mr. Archibald Johnstown: neither was the Clerk of the Council, whom I sent for twice to give him Directions concerning this Business, permitted to come aboard to me, upon Conference with whom (for any thing you know) I might have re∣solved to come ashore my self, and convened a Council for the Publication there∣of in the ordinary way. But your extraordinary Proceedings in all things must needs force from His Majesty some things, which perhaps you may think not ordinary. Whereas you desire me to be a means that your Supplications may have free access to His Majesties Ears, it is a work of no difficulty; for His Majesty hath never stopt his Ears to the Supplications of any of his Sub∣jects, when they have been presented to him in that humble and fitting way which became dutiful Subjects: nor did I ever refuse any all the time I was among you, or conceal any part of them from His Majesty. So that your Al∣legation of not being heard, is grounded upon the same false Foundations that your other Actions are; and serves onely for a means to delude the simple Peo∣ple, that by making them believe what you have a mind to possess them with, they may become backers of your unwarranted Actions; which as it is gene∣rally lamented by all His Majesties good Subjects, so it is more particularly by me, who have had the Honour to be imployed in this Business with so bad Success.

My Lord,

Your humble Servant, HAMILTON.

After this on the 11^th of May a Letter came from the Council and Session, desiring liberty to send some of their number to wait on him,* 13.1 which being granted, Southesk and Innerpesser came to him with a very bare Message, asking what he had to propose: he said it was contained in the Proclamation, to which he could neither adde nor change. They represented to him the Rage in which all People were, and how hard a Work it would prove, either to reclaim them by Reason, or conquer them by Force, unless way were given for some time to their Follies.

On the 13^th day he received a Letter from His Majesty, which fol∣lows.

Hamilton,

THe length of Henry Vane's Dispatch will shorten this, not be∣ing willing to trouble my self with writing, nor you with read∣ing, of Repetitions. This I must observe to you, that whatsoever ei∣ther he or I writes at this time is no absolute Command, but meerly Advices to help your Knowledge, that you may the easier judge what is best for my Service. Vpon this ground I send you here a Discourse of Mr. Thomas Hamilton's, wherein many things to my seeming are very well said, but how far practicable, or when, I leave you to judge; as likewise upon the whole matter I give you my Opinion, that if you

find it not fit to land all your 5000 men upon Lothian-side, then it may be counsellable to send most of your Land-men to the North, to strengthen my Party there. As for your landing in the South, I shall onely name two Places besides Tentallon, to wit, Sterlin, (if that be not too far off to be relieved) and Dumbar: as for Tental∣lon, I shall command the Marquis of Douglass to send one to agree that business with you. So longing to hear from you, and wishing you good luck, I rest

Your assured constant Friend, CHARLES R.

Newcastle, May 8. 1639.

To this shall be added the Paper mentioned in the Kings Letter.

* 15.1THE River of Nesse is large and deep, falleth out of a Lake named Nesse 24 miles long, and 5 or 6 in breadth, into a great Bay of the Sea. On this River standeth the Town of Innernesse, which hath a strong Castle, in the keeping of the Marquis of Huntley, as yet not taken: if in this Town and Castle were put a competent Garrison, with a Ship and Pinnace in the Bay, you might break the Ferry-boats, and stop all Passages from North∣ward of that River.

The River of Tay falleth out of a Lake ten miles long, and one and an half broad, from whence the River hath the name, which is the main and onely Passage between the North and the South parts of the Kingdom. This River falleth into the East Sea below Dundie, the biggest Town almost in Scotland. At the entry to the Sea it is two miles broad, and continueth the same breadth upward till within three or four miles of Saint Johnstown, between which Town and Dundie there are 16 miles and above, at no part whereof there is any Passage but by Ferry-boats. If a few Ships would ride at the mouth of this River below Dundie, and send up some small Pinnaces, they might break all the Ferry-boats, and stop all the Passages that could be made over at any part, between the North of the River and the said Town of Saint Johnstown, above which to the said Lake the River is not ridable, but at some few Fords; the Passages whereof might be kept by the Noblemen who stand well-affected to His Majesties Service, and whose Estates do lie thereabouts in Strathern: such as the Earls of Airly, Perth, Tullibardin, and Kinnowl, who if they were sent home with a competent number of Souldiers to attend them, all those of their Name, their Friends and Tenants gathered unto them, might stop all Land-passages whatsoever from North to South.

And in case the People of Fife, who dare not now cross Forth-river in re∣gard of your Majesties Ships, should march with Supply by Sterlin-bridge to Lothian, these Noblemen with their Forces might be in some narrow Passage in their way; and if they could not force them to retire, yet they might fall upon their Country in their absence, so that they could not both be able to de∣fend their Sea-coasts, and secure them from danger on their backs: neither durst they all turn back on Strathern, for fear that those of the Fleet should land on their shores in their absence.

The Shire of Perth would be a Rendezvous and safe retreat to all those of Fife, Angus, Strathern, and Highlands, who upon this Proclamation shall abandon the Covenanters Party, and stand for His Majesties Service.

These four Noblemen, with the number Your Majesty will send with them, might be sent almost to their Dwellings by Sea on the said River.

If the Town of Sterlin were seized, these River-passages made sure, and the Town of Aberdeen secured, in regard of Your Majesties Forces in the North, no harm could be expected from benorth Leith.

The 13^th of May the Marquis received the following Letter, signed, but not written, by the Earl of Rothes.

Please your Grace,

I Should have been far better contented to have seen you here at the Parlia∣ment with His Majesty,* 16.1 or holding that indicted as His Majesties Commis∣sioner, than with a Navy and Army to constrain us beyond these just limits of Religion and lawful Obedience, which we were always willing to perform. It was far by my Expectation, and your Graces Oath and Promise, that you should ever come in any chiefCommand against your Native Country. Whereas your Grace doth challenge our coming in such numbers to attend this Parliament, I hope you conceive that this Navy and Army upon the Borders, and the Inva∣sion threatned in the West, do sufficiently warrant our Preparations to defend these places, and divert such dangers. That Proclamation that is said to car∣ry so much Grace and Goodness, is as destitute of that, as your Invasion is of a good Warrant; which persuades me, that neither of the two proceeds from His Majesties own Gracious Disposition. I cannot stand here to answer all these misconceived particulars, contained in your Graces Letter; but if I had the Honour to see your Grace, before any more mischief be done, I dare engage my Honour and my Life to clear all these Imputations laid on our Proceedings; and I can demonstrate how hardly we have been used without any just reason. I dare not be answerable to God Almighty, and to that Duty I owe my Prince and Country, if I do not shew your Grace, that your going a little further in this violent and unjust way will put all from the hopes of Recovery, for which both a great deal of Blame from Men, and Iudgment from above shall attend you, as the special Instrument, which I wish you labour to evite. If our Destru∣ction be intended, we are confident in that Majesty who owns this Cause, and is able to defend it: and if onely Terrours to fright, and prepare us to accept of any Conditions will be offered, that Intention is already as far disappoint∣ed as any of these many former. But as we are ready to defend, so ever to in∣sist in supplicating, and using all humble and lawful means, as becomes us. Mr. Borthwick will deliver to your Grace our Supplication to His Majesty, and both his and my mind, till I shall have the occasion to disburden my self sur∣charged with grief at your Proceedings; being most desirous (as I have been formerly) to have all these occasions removed that may divert me from be∣ing still

Your Graces humble Servant, ROTHES.

On the 17^th of May the Marquis returned the following Answer to the former Letter.

My Lord,

* 17.1I Have received your Lordships Letter signed by you, but I cannot conceive it of your Lordships enditing; for I believe you would not have sent such an one to me, if you had not had some malignant spirits busied in the framing of it; for you cannot but remember that my words were never other, than that I would die at my Masters feet, and that I would prove an Enemy to the utter∣most of my Power to this Kingdom, if my Countrymen continued in their Ob∣stinacy: and here I set it under my Hand, that I will (by Gods Grace) make it good. It is true, knowing my own inability, I neither desired, nor indeed willingly did accept, the Conduct of an Army against this Nation; but my backwardness proceeded not out of a desire not to be imployed against such in this Country as were disobedient, but that His Majesty might have found ma∣ny more able to have served him: but since he hath been pleased to trust me, I will not deceive him.

You pass by many particulars in your Answer to my Letter untouched, say∣ing, you cannot stand here to answer them. It is most true, they are not to be answered, and so I take it. As for your own Iustification, it is the same which you ••ave ever used, and so continue: but the best is, none that ever were truly informed of your Proceedings, doth or can give any approbation of them.

You say, If I go any further in a violent course, it will be past all hope of Re∣medy. If I doe, none can blame my Master, for that can never be called Vio∣lence which is onely to suppress Rebellion: and if I proceed to execute his Com∣mands therein, you are the causers of it. As Mr. Borthwick told me, I ex∣pected to have heard further from you be••ore now: but nothing coming, I would forbear no longer to give you this Answer under my Hand, that both you and all the World may take notice what my Inclinations are, which notwithstanding I do infinitely desire they may be stopt by your speedy and real Submission to His Majesties just Commands. And this is the prayer of him who wisheth it may be still lawful for him to call himself

Your Lordships humble Servant, HAMILTON.

From aboard the Rain∣bow, 27 May, 1639.

* 17.2Upon this the Marquis was hopeless of getting the Proclamation published: wherefore he sent a great many Copies of it to all places, as he had occasion, to be dispersed over the Country. At the same time the King sent Sir Iames Carmichael the Treasurer-depute to Edinburgh, to get it published; and he meeting the Lyon-Herald require him to go doe his Duty; but he was timorous, and being threatned with his Life, as he was going to the Cross, run away without putting on his Coat.

* 17.3On the 14^th of May the Marquis dispatched Sir Iames Hamilton to the King, with an account of all he had learned; desiring positive Orders how to proceed: whether eight days bein•• now passed since he had of∣fered the Proclamation, he might not proceed to Hostilities; or if he should continue talking in the language of a Treaty: and sent the fol∣lowing Paper to Sir Henry Vane, of the Heads on which he thought a Treaty might be set on foot.

IF they can be brought to lay down their Arms, and every man to repair in quiet manner unto their own Dwellings, except such who are to attend the [ I] Parliament.

If they can be brought to deliver up Your Majesties Castles, and other private [ II] mens Houses they have taken, with the Arms and Ammunition they have taken.

If they can be brought to express their Sorrow, that they have offended Your [ III] Majesty, and humbly crave Your Majesties Pardon for the same.

If they can be brought to supplicate, that what they have to say against Bi∣shops [ IV] may be heard in the next Parliament; and as their Desire shall seemjust or unjust, there to receive a Ratification or Denial.

The like for the last pretended General Assembly. [ V]

If they in all Civil things will acknowledge Your Majesties Authority, and [ VI] swear Obedience to the same.

If they will desist from their going on in their Fortifications, and they onely [ VII] to remain in the estate they are in till the end of the Parliament. Though there is little hope of doing good by Treaty, or that they will condescend to this; yet I thought it my duty to give Advertisement of this, and humbly to crave Answer and Orders in writing, how far I shall give way, and how I shall carry my self.

Hamilton.

I shall desire that none may see this but His Majesty, or at least that it be not known that it came from me.

In Answer to this His Majesty wrote him the following Letter.

Hamilton,

I Have kept this honest Bearer the longer, that I may with the more assurance give you my Directions what to doe, consisting of two points, Fighting and Treating: for the first, we are still of the same Opinion; that it is not fit that you should give on un∣till I be on the Borders, which will be (by the Grace of God) by this day eight days, except you find that before that time they march down to meet me with a great Strength. In that case you are to fall on them immediately, and in my Opinion as far up in the Frith as you think probably may doe good, thereby to make a Diversion. In the mean time I like well, that you go on upon that ground of Treaty you sent a Note of t•• Master Treasurer, (which you will find I have underwritten) no body else being acquainted with it. Thus having given you my Directions both concerning Fighting and Treating, I leave the rest to the faithful Relation of the honest Bearer, and rest

Your assured constant Friend, CHARLES R.

Newcastle, 17 May, 1639.

And with this Letter His Majesty sent back the Note of the Grounds of Treaty, which was sent to Sir Henry Vane, with the following words written at the end of it with his own Hand.

* 20.1I like well that you go on upon those Grounds of Treaty untill I come to the Borders: which will be (by the Grace of God) by the 15 ^th of this Moneth.

C. R.

Newcastle, 16 May, 1639.

After this the Marquis was assaulted with thundering Letters from all Hands, both from Ministers and Noblemen. Many of these Letters, with the Copies of his Answers, are yet extant, and run in a strain very far from any thing of Friendship or Correspondence; indeed they look liker Challenges than Letters of Civility. The Covenanters desired a Safe Conduct for such as they should send to him to treat with him: but he answered, he was the Kings Commissioner, and so would give no Conduct for any of his Subjects coming to wait upon him. And after a days Advisement, they sent the Lord Lindsay (the Marquis his Brother-in-law) aboard with a Petition of the former strain, who told the Marquis, that they would lay down their Lives sooner than pass from what they had done; that their Army consisted of 25000 Men: they knew the Kings Cavalry was better than theirs, but their Infantry exceeded his far. After some Discourse had passed, (all before Witnesses) the Mar∣quis dismissed him. In the mean while all Trade was stopt, and every Vessel that belonged to Scotland was seized: onely such as took an Oath for adhering to the King against the present Rebellion in Scotland, were let go, according to His Majesties Orders. One Vessel was taken which was of more Importance, having in her about twenty Officers, who were coming home from Germany upon Lesley's Invitation. All these the Marquis sent to Berwick. He sent also a free Advice to the King, in∣forming him of all he knew of their Strength: and that besides the Ar∣my, which was marching to the Borders, there were about 20000 Men lying on both sides of the Frith, so that his being there made a power∣ful Diversion. He besought His Majesty not to hazard on a Battel, the success whereof was always dubious, but more than commonly so in this case, where the one side was desperate, and the other but half cordial. He told His Majesty, how much he feared his Foot might be too weak, wherefore he desired His Majesty to consider, if he would call for two of His Regiments; since all the three were not sufficient for him to land with them, and march into the Country, and one was enough to burn the Coast, which was all he could doe: and for that he was resolved not to fail in it as soon as he had Orders; adding, that in a Fortnight he would doe all that could be done that way: after which he thought it would be fittest, that he went Northward, and landed His Regiments there, (which must be supplied another way, if His Majesty called for any of them) where some good might be done. But as for Treating, he desired His Majesty would imploy others in it, if that were to be done; for he confessed his Spirit was so irritated against them, that he desired

neither to see nor meddle with them: onely he told His Majesty, that the Covenanters had addressed both their Letters and Petitions to some English Lords, which he thought they should have brought to His Ma∣jesty unopened, and given no other Answers but such as His Majesty or∣dered.

On the 26^th of May he received the following Letter from His Ma∣jesty.

Hamilton,

RVmours come here so thick, of the great Forces that the Rebels mean very shortly to bring down upon me, that I thought it ne∣cessary to advertise you, that you may be ready at the first Advertise∣ment to land at the Holy-Island, wind and weather serving; yet not to come from where you are untill I send you word, except you shall find it necessary by your own intelligence: and so I rest

Your assured constant Friend, CHARLES R.

Newcastle, 22 May, 1639.

POSTSCRIPT.

I leave it to your Consideration, if it be not fit to leave some 300 Men in Inchcolm, though it should be fit that you should come away with the rest of the Landmen.

And the day following Sir Henry Vane wrote to him to send two of his Regiments to Holy-Island,* 21.1 to which Letter the King added with his own Pen,

I have seen and approved this; C. R.

Upon this Order the two Regiments, commanded by Morton and Harecoat, were accordingly dispatched away immediately, and did land at Berwick on the 29^th of May. About this time the Covenanters sent a new Message to the Marquis, the account whereof shall be given from a Paper written by Sir Henry Devick, who was particularly trusted by His Majesty at this time, and was a Witness to the Conference. The Paper follows.

THE whole Discourse (so far as I can remember of it) may be reduced to these Heads.* 21.2

Their Invitation of your Excellence to go in person to His Majesty, to pre∣sent their Desires, and to mediate for an Accommodation.

To this your Excellence answered.

First, that having full Power from His Majesty to treat and conclude of all things concerning that Business, you held it unnecessary to go to him.

Secondly, your Excellence thought it unfit, you having so great a Charge here, which required your presence, and they having propounded nothing that could give sufficient occasion to such a Voyage to undertake it.

Thirdly, that if the distance from His Majesty were thought by them to be a hindrance to the Treaty, they might address themselves to His Majesty by such of the Nobility as were about him, who was not distant above threescore and twelve miles from the Leaguer.

They replied, that things would be more facilitated by your Excellence's be∣ing there, wishing, that as you had a part in the beginning of these Affairs, you might have the Honour to put an end to them.

Your Excellence returned, that the Lords Traquair and Roxburgh, who were now with His Majesty, were imployed in them before you; which they ac∣knowledged, but wished it had never been, confessing that they were spoiled be∣fore you had the managing of them.

Concerning a Cessation of Acts of Hostility, both by Sea and upon the Fron∣tiers, where they complained of divers Insolencies committed by the Horse-troops of His Majesty; your Excellence answered, That in what concerned the first, you ••ad committed none since your coming hither: true it was, you had stayed and taken many Barques and Boats, but some of them you had dismissed with∣out touching any thing that they had in them; and these from whom you did take to supply your uses, you had paid them for it: that this day you had sent to Burnt-Island, and would doe so to other Places, to offer them full permis∣sion of Trade, provided they would swear not to carry Arms against His Maje∣sty, and take the Oath of Fidelity; and for the Fishermen you required no Oath.

As for the ot••er, namely some pretended Insolences upon the Frontiers, you kn••w of none, and believed not any; and if t••ere was any it was their fault, by their deferring to return to their Obedience to His Majesty: and when they made Instance in some particulars, your Excellence did cut them short, and said, That it was an unfit thing, and nothing conducible to make an end of Business, for them to stand upon those Punctilio's with their Soveraign; and for your particular, you would never be an Instrument of any dishonourable Act to His Majesty, such as would be the engaging him not to correct the Misde∣meanours of his Subjects: that you had made a like Answer when you was de∣manded for Pass-ports to those that should come to you; which you had reject∣ed▪ as judging it dishonourable for His Majesty to grant, or any of his Subjects to ask or capitulate with His Majesty for.

They pressed to know what His Majesty required of them, and what would be the extent of his condescending to their Desires in point of Conscience, name∣ly touching Bishops, and the Acts of the last General Assembly; wherein they said if they might have satisfaction, they would cast at His Majesties feet their Bodies and Fortunes, to be disposed of at his Pleasure.

In answer to this your Excellence caused me read His Majesties Proclama∣tion, wherein desiring to be cleared of His Majesties Intentions, in the particu∣lar of the Civil Obedience, your Excellence said, it was the retiring with their Troops, laying down t••eir Arms, and the Nobilities waiting on him with their Swords onely upon the Frontier, the restoring of His Majesties Castles unto such as His Majesty should appoint, and the demolishing of their own Fortifi∣ca••ions unlawfully erected, and the like.

As for the enjoying of Liberty of Religion, wherein likewise they did press to know how far His Majesty would condescend to their humble Supplications, as likewise in the point of the Acts of the last pretended General Assembly, your Ex∣cellence

answered, It would be so far as the Laws of the Kingdom did per∣mit.

They asked who should judge of these Laws, and of their intention, and if it might be decided by a General Assembly: Your Excellence answered, Yes, and that either His Majesty would call one, or your self, as His Majesties High Commissioner.

They desired to know if His Majesty would stand to the Award of such an Assembly, especially in what concerned the Acts of the later.

Your Excellence answered, His Majesty was not bound to it, as having his Negative Voice; which they not acknowledging, your Excellence added, that notwithstanding you were confident, that whatsoever should be agreed on by such an Assembly, called by His Majesties Command, and where the Members should be legally chosen, His Majesty would not onely consent unto them, but have them ratified in Parliament.

They desired your Excellence would limit them a time wherein to return, and treat further with you, with full power to conclude all things wherein they de∣sired not to be pressed with scantness of time, in regard of the Nobilities being di∣spersed in several places of the Country.

Your Excellence answered, it should be when themselves would, were it to¦morrow or a moneth hence; for you assured them, they would find you so long in these quarters.

Lastly, they desired to know, what they might report of what your Excellence had assured them of His Majesties Intentions concerning Religion and the Ge∣neral Assembly.

Your Excellence answered, that as they brought no Commission to treat of all these particulars, but kept themselves within the limits of the Contents in their Letters, you would doe accordingly in your Answer, and that in writing they should receive something to morrow.

This was that Conference which some were pleased to misrepresent under the odious Characters of Treacherous and Secret Dealing with the Covenanters.

At this time there were divers Scotish Lords and Officers waiting on the King, but being of no use and burdensom to His Majesty,* 21.3 he sent them to the Marquis, with whom he wrote the following Letter.

Hamilton,

I Cannot let these Lords go without a Letter, it being more to please them than to inform you; there having nothing happened since my last of the 17 ^th that makes me either alter or take new Counsels: so that this is onely to recommend them to your care, in so far as may comply with my Service; which shews you both my good Opinion of them, as likewise that I am

Your assured constant Friend, CHARLES R.

Newcastle, 21 May, 1639.

But the Marquis was very ill-satisfied with their coming to him, since they were able to doe nothing but help away with his Victuals, which were beginning to run low, and therefore were to be well-husbanded; wherefore he persuaded them that it was fit for them to go to the Places of their Interest, and doe what in them lay for getting some to appear for the King: and so he got himself rid of them the best way he could.

Two days after that the Marquis got the following Letter.

Hamilton,

THe Trust I have both in the Honesty and Sufficiency of this Bearer, shall ease me much at this time; therefore I shall one∣ly mention what he shall speak of more fully to you. The Lord Aboyne's Proposition I have in my last recommended to you, though at that time I thought not that himself would have been the Messen∣ger of it: other Lords I have sent to you, to see if they can doe me better Service there than here, for here I am sure they can doe none. I shall conclude with that with which I have neither acquainted this Bearer, nor any body else, to wit, your Proposition of packing up this Business. It is true, that according to my Proclamation I would rest quiet for this time, upon their yielding me Civil Obedience; but that must be understood by demanding Pardon for their by-past Dis∣obedience, and rendring up what they unjustly possess of mine and others. Less than this I will not be contented with, no, not for the present. For all this, I do not take my self to be in such a case as to conquer them, yet I doubt not but (by the Grace of God) to force them to Obedience (in time,) what by stopping of their Trade, and other courses: therefore go on, for this is the Resolution of

Your assured constant Friend, CHARLES R.

* 23.1But on the 29^th of May the Lord Aboyne came to him with the fol∣lowing Letter from the King.

Hamilton,

HAving been some days since I wrote to you, I could n••t let my Lord Aboyne go without these Lines, though it be rather to confirm than to adde to my two former: onely I shall desire you to take heed how you engage me in Money-expence. As for what As∣sistance you can spare him out of the Forces that are with y••u, I leave you to judge, and I shall be glad of it if you find it may doe good.

The truth is, that I find my state of Moneys to be such,* 24.1 that I shall be able (by the Grace of God) to maintain all the Men I have afoot for this Summer; but for doing any more I dare not promise: therefore if with the Countenance and Assistance of what Force you have, you may uphold my Party in the North, and the rest of those Noblemen I have sent to you, I shall esteem it a very great Service; but I shall not advise you to engage me in further Charge, except it may be the Pay of some few Officers. So not doubting but that you will make as much of little as you may, and recommending this Lord to your care, I rest

Your assured constant Friend, CHARLES R.

Newcastle, 13 May, 1639.

The Marquis found Aboyn had no Propositions to make besides Ge∣neral Stories, and he saw him to be of an unstay'd Humour, so that he was hopeless of any good account of his business. As for Money, he was limited by the King; and for Men, he had sent away the two Regiments that same day; and since he expected Orders every Hour from His Ma∣jesty for somewhat to be executed by the third Regiment, he could not weaken it too much: yet he sent a few Officers, the chief of whom was Colonel Gun, together with some Ammunition, and four small Peece of Artillery. And of all this he gave an account to His Majesty, adding, that perhaps some might misrepresent his lying so long idle; but His Majesty knew what Orders himself had given, it being his part to obey: yet he earnestly craved liberty to doe somewhat worth the while; to which he received the following Answer.

Hamilton,

HAving much Business, I refer you to Master Treasurer; yet thi•• I think necessary to pass under my own Hand, (because of a Clause in yours of the 26^th of this Moneth) that I am so far from having the least hint in my Heart against you, that I would think my self a hap∣py Man, if I could be as confident in the Faith, Courage, and Indu∣stry of the rest of my Commanders and Officers, as I am of you; which makes me really to be

Your assured constant Friend, CHARLES R.

Berwick, May 29^th 1639.

By this time the King had encamped at the Birks, three miles from Berwick, where His Majesty lay in the Camp himself.

All this while Traquair was not allowed to see the King, till he had done some Service which might expiate his former Errors. And My Lord Roxburgh was in the same case;* 25.1 for he coming to wait on the King at York, to clear himself of his Sons fault in turning in to the Covenant, His Majesty was so Gracious as to tell him, he believed him innocent, yet for examples sake he found it necessary to keep him under some mark of his Displeasure. So after a few days Confinement, both Traquair and he were suffered to go near the Borders, to see whom they could engage to the Kings Service; and they gained the Earl of Hume to be satisfied with His Majesties Proclamation, and had got good assurances both of the Lord Iohnstown, the Earl of Queensberry, and of Buckcleugh his Friends. The Proclamation was published, first at Hey∣mouth; next, by General Arundel and Ruthwen at Dunce: upon which Lesley brought forward his Forces▪ and lay at Duncelaw, in view of the Kings Army. On the fourth of Iune at noon the Marquis received the following Letter from His Majesty.

Hamilton,

* 26.1THis day I received yours by the Lord Seaton, and find your Opinion therein very good, if I might spare so many men; but every one, (that I dare consult with about this) protesteth against the diminishing of one man ••rom my Army: besides, I have no mind to stay here upon a meer Defensive, which I must do, if I send you that Strength you mention. Likewise I think that I have my Lord Hume sure, and am reasonably confident of my Lord Johnstown; I have good hopes too of Queensberry, and the Scots; therefore all these things considered, it were a shame if I should be idle. Wherefore now I set you loose, to doe what mischief you can doe upon the Rebels for my Service, with those men you have; for you can∣not have one man from hence. Leaving the rest to the relation of this honest Bearer, I rest

Your assured constant Friend, CHARLES R.

Camp near Berwick, 2 June 1639.

The Marquis no sooner got this, but he presently set to work, resol∣ving neither to spare Burroughstownness which was his own Town,* 26.2 nor Prestonpans which was his Cousins. But a strange Accident befell him the next day; for as he went out in a small Vessel with a Drake on her, and 60 Souldiers, to view the Queensferry, and burn the Ships that lay in the Harbour, he saw a Merchant-barque coming down towards him, and he caused row up to her: but she perceiving her Danger, run her self aground upon the Sands of Barnbougle. The Tide falling apace, and he following her indeliberately, run himself likewise on ground; where he was like to have been very quickly taken by the men on the Shoar, who were playing upon him and some Volleys passed upon both hands. But they on the Land were waiting till the Waters should

fall, reckoning him their Prey already, which had been inevitable, had not the Seamen got out, and being almost to the middle in Water, with great tugging set them afloat; and so he returned safe to the Fleet. And this was all the ground for that Calumny, of his making Appoint∣ments on the Sands of Barnbougle with the Covenanters.

The next day at eight in the morning, being the sixth of Iune, he re∣ceived the following Letter from Sir Henry Vane.

My Lord,

BY the Dispatch Sir James Hamilton brought your Lordship from His Ma∣jesties Sacred Pen,* 27.1 you were left at your liberty to commit any act of Ho∣stility upon the Rebels, when your Lordship should find it most opportune: since which my Lord Holland with 1000 Horse and 3000 Foot marched to∣wards Kelso, himself advanced towards them with the Horse (leaving the Foot three miles behind) to a Place called Maxwel-heugh, a height above Kelso: which when the Rebels discovered, they instantly marched out with 150 Horse, and (as my Lord Holland says) eight or ten thousand Foot; five or six thousand there might have been. He thereupon sent a Trumpet commanding them to retreat, according to what they had promised by the Pro∣clamation. They asked whose Trumpet he was, he said my Lord Holland's; their answer was, he were best to be gone. And so my Lord Holland made his Retreat, and waited on His Majesty this night, to give him this ac∣count.

This morning Advertisement is brought His Majesty, that Lesley with 12000 men is at Cockburn-spath, that 5000 men will be this night, or to morrow, at Dunce, 6000 at Kelso; so His Majesties opinion is, with many of his Council, to keep himself upon a Defensive, and make himself here as fast as he can: for His Majesty doth now clearly see, and is fully satisfi∣ed in his own Iudgement, that what passed in the Gallery, betwixt His Ma∣jesty, your Lordship, and my Self, hath been but too much verified on this oc∣casion. And therefore His Majesty would not have you to begin with them, but to settle things with you in a safe and good posture; and your self to come hither in person, to consult what Counsels are fit to be taken, as the Affairs now hold. And so wishing your Lordship a speedy passage, I rest

Your Lordships most humble Servant, and faithful Friend, H. VANE.

From the Camp at Huntley-field this 4^th of Iuly, 1639.

To this His Majesty added the following Postscript with his own Hand.

HAving no time to write my Self so much, I was forced to use his Pen; therefore I shall only say, that what is here written I have directed, seen and approved.

C. R.

How great the Marquis his surprize and trouble was when he recei∣ved this, cannot be easily expressed,* 28.1 though it was but what he always looked for: and before the King left Whitehall, he told him in the

Gallery, (none but Sir Henry Vane being present) that few of the Eng∣lish would engage in an Offensive with Scotland. However he was too well taught in Obedience, to question or delay it after such positive Orders: and therefore could neither give a satisfactory answer to the Earl of Airly, who at that time wrote to him, pres••••ng him to come to the North in all haste, otherwise the Kings Party there would be pre∣sently overrun; nor to my Lord Aboyne's Letter, who desired fresh Supplies of Men and Moneys, though the refusing of both these was after that alledged against him. Yet the last being dated the fourth of Iune, met him on his way to the King; the other could be no sooner at him, being of the 26^th of May, and in the Postscript excuse is made that it was of an old Date for want of a sure Bearer: both these are yet extant. But most of all it appears, how groundless that great and cry∣ing Accusation was, (which as it made up no small part of his Charge to be mentioned in its proper place, so was it in the mouths of every person) that he betrayed His Majesties Service in the Frith, which could not be better cleared, than by giving this particular Deduction of every step of it.

* 28.2About the time that the Marquis arrived at His Majesties Camp, the Covenanters sent a Petition by the Earl of Dumfermline to the King▪ desiring a Safe-conduct for such of the••r number as they ••hould send to His Majesties Camp, with their humble Desires and Offers for a Treaty. This was granted, and their first Meeting was appointed to be on the ••leventh of Iune at Arundel's Tent. So they ••ent the Earls of Rothes, Dumfermline, and Lowdon, the Sheriff o•• Tevio••dale, Mr. Alexander Hen∣derson, and Mr. Archbald Iohnstown, who first proposed their Desires in general, That Religion and Liberties migh•• be secured, upon which they should behave themselves as good Subjects: and then the Marquis his affe∣ction to his Country, made him imploy his whole Interest with the King, for procuring a Gracious Answer to them; offering, that if the King found it suitable to his Honour, and fit for his Service, he should not be displeased, though His Majesty did disown his former Acti∣ons, and let the load of Obloquy and Censure fall as heavy upon him∣self as the King pleased. But in this His Majesty was positive, judging the owning of what he had done the former year, to be both for his Honour and Interest. However the Marquis did show the King, that while the fire-edge was upon the Scotish Spirits, it would not prove an easie task to tame them, but would be a Work of some years, and cos•• much Money and many Men: he therefore desired the King would con∣sider, if it were not fit to consent to the abolishing of Episcopacy, and giving way to their Covenant till better times; and that as the chief Leaders had entred upon that Course, being provoked by some Irrita∣ons and Neglects they had met with, so it might be fit to regain them by Cajolery and other Favours. And to perswade the King to this Course was the easier, that both his Reason and his Affection to his Subjects did cooperate with it; a great strengthening coming to it by my Lord Canterbury's Opinion, who saw a Pacification absolutely necessary for the Kings Service, and did advise it.

So on the thirteenth of Iune His Majesty returned Answer, That he supposed Religion and Liberties were abundantly settled by his former Procla∣mations: but if any thing was wanting, wherein either Religion or Liberties were concerned, none should be more zealous for it than himself. The Co∣venanters

insisted, That the Assembly of Glasgow might be ratified; but His Majesty rejected that, adding, That he was willing to call a new As∣sembly, and ratifie what should be legally established by it in the following Par∣liament. The Commissioners were willing to yield to this, provided His Majesty did not oblige them to renounce the Assembly of Glasgow, to which they resolved to adhere. His Majesty said, He should not press them to that, but that Assembly should not be mentioned on either hand. They moved next about Lay-elders in the Assembly: The King referred himself in that to the Laws of the Land. They next moved, That Episcopacy should be abolished: The King answered, He would not prelimit his Vote by de∣claring what it should be in the ensuing Assembly. Finally, after all things had been debated divers days, not without some heat, wherein the Earl of Rothes got new Irritations from some warm expressions of the Kings to him; at length on the eighteenth of Iune all was concluded.* 28.3 First, His Majesty signed the following Declaration, of which the Ori∣ginal is extant.

CHARLES R.

WE having considered the Papers and humble Petitions presented to Vs,* 29.1 by those of Our Subjects of Scotland who were admitted to at∣tend Our Pleasure in the Camp, and after a full hearing by Our Self, of all that they could say or alledge thereupon, having communicated the same to Our Council of both Kingdoms, upon mature Deliberation, with their unanimous Advice, have thought fit to give them this Iust and Gracious Answer; That though We cannot condescend to ratifie and approve the Acts of the pretended General Assembly at Glasgow, for many grave and weighty Considerations which have happened, both before and since, much importing the Honour and Security of that true Monarchical Government lineally descended upon Vs from so many of Our Ancestours: yet such is Our Gracious Pleasure, that notwithstanding the many Disorders committed of late, We are pleased not only to confirm and make good whatsoever Our Commissioner hath granted and promised in Our Name; but also We are further Graciously pleased to declare and assure, that according to the Petitioners humble Desires, all mat∣ters Ecclesiastical shall be determined by the Assembly of the Kirk, and mat∣ters Civil by the Parliament, and other inferiour Iudicatories established by Law; and Assemblies accordingly shall be kept once a year, or as shall be agreed upon at the next General Assembly.

And for settling the general Distractions of that Our Ancient Kingdom, Our Will and Pleasure is, that a Free General Assembly be kept at Edin∣burgh the sixth day of August next ensuing, where We intend (God willing) to be personally present, and for the Legal Indiction whereof, We have given Orders and Command to Our Council; and thereafter a Parliament to b•• holden at Edinburgh the twentieth day of August next ensuing, for ratify∣ing of what shall be concluded in the said Assembly, and settling such other things as may conduce to the Peace and Good of Our Native Kingdom, and therein an Act of Oblivion to be passed.

And whereas We are further desired, that Our Ships and Forces by Land be recalled, and all Persons, Goods and Ships be res••ored, and they made safe from Invasion, We are Graciously pleased to declare, That upon their dis∣arming and disbanding of their Forces, dissolving and discharging all their pretended Tables and Conventicles, and restoring unto Vs all Our Castles,

Forts, and Ammunitions of all sorts, as likewise Our Royal Honours; and to every one of Our good Subjects their Liberties, Lands, Houses, Goods and Means whatsoever, taken and detained from them, since the late pretended General Assembly, We will presently thereafter recall Our Fleet and retire Our Land-Forces, and cause Restitution to be made to all persons, of their Ships and Goods detained or arrested since the aforesaid time: whereby it may appear, that Our Intention in taking up of Arms was no ways for inva∣ding Our Own Native Kingdom, or to innovate the Religion and Laws, but mainly for the maintaining and vindicating of Our Royal Authority.

And since that hereby it doth clearly appear, that We neither have, nor do intend any Alteration in Religion and Laws, but that both shall be main∣tained by Vs in their full Integrity, We expect the performance of that hum∣ble and dutiful Obedience, which becometh loyal and dutiful Subjects, and as in their several Petitions they have often professed.

And as We have Iust Reason to believe, that to Our peaceable and well-af∣fected Subjects this will be satisfactory; so We take God and the World to witness, that whatsoever Calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shall continue in their Disobedient Courses, is not occasioned by Vs, but by their own procurement.

After this the following Articles were signed.

[ I] THe Forces of Scotland to ••e disbanded and dissolved within eight and fourty hours, after the Publication of His Majesties Declaration being agreed upon.

[ II] His Majesties Castles, Forts, Ammunition of all sorts, and Royal Honours, to be delivered after the Publication, so soon as His Ma∣jesty can send to receive them.

[ III] His Majesties Ships to depart presently after the delivery of the Castles, with the first fair Wind, and in the mean time no interru∣ption of Trade or Fishing.

[ IV] His Majesty is Graciously pleased to cause to restore all persons Goods and Ships, detained and arrested since the first of Novem∣ber last.

[ V] There shall be no Meetings, Treatings, Consultations, or Con∣vocations of His Majesties Lieges, but such as are warrantable by Act of Parliament.

[ VI] All Fortifications to desist, and no further Work therein, and they to be remitted to His Majesties Pleasure.

[ VII] To restore to every one of His Majesties Subjects their Liberties, Lands, Houses, Goods, and Means whatsoever, taken and detained from them by whatsoever means since the aforesaid time.

Next the Commissioners signed the following Note.

IN obedience to His Majesties Royal Commands, we shall upon Thursday next the 20 ^th of this June dismiss our Forces, and imme∣diately thereafter deliver His Majesties Castles, and shall ever in all things carry our selves like Humble, Loyal, and Obedient Subjects.

Signed,

• Rothes
• Dumfermline
• Lowden
• W. Douglas
• Al. Henderson
• Arch. Johnstown

The Treaty being thus ended,* 30.1 all parted with great expressions of Joy. But few wise men expected it should be followed with a lasting Agreement, the Covenanters being peremptory not to part with a hoof, so that whatever Concessions came not up to all their Desires, were not like to prove satisfactory. Those who understood not the true state of the English Army, wondered that the King should have let this oppor∣tunity out of his hands, whereby they judged he was able to have bro∣ken and subdued Scotland. And according to the vulgar Civility of of all Censurers of Kings Actions, his bad Counsellours bore the blame, whereof the far greatest share fell upon the Marquis. But others who saw beyond those superficial Observers, acknowledged there was an e∣qual temperature of Wisdom and Goodness in His Majesties Conces∣sions, not denying a proportionable share of the praise to his good Counsellours. The Covenanters judged they had scaped well, who got off so easily; for it would have been impossible for them, to have maintain∣ed the great Bodies they had gathered together any longer, except they had marched into England, to which they had no mind unless forced by necessity. But some made another Observation though of less mo∣ment, yet not unpleasant, upon Mr. Henderson's signing the former Paper, That it was strange to see a Church-man who had acted so vi∣gorously against Bishops for their meddling in Civil Affairs, made a Commissioner for this Treaty, and sign a Paper so purely Civil; so strongly does Passion and Interest biass and turn men.

When the Commissioners came back to the Camp,* 30.2 they gave an ac∣count of their Negotiation; and besides the Articles of Treaty, they produced another Paper which passed among all for the Conditions of the Agreement. It was a Note containing some Points which were alledged to have been agreed to at Berwick verbally, though not set down in the written Treaty: which was made up of some down-right Mistakes, and of other things which the King in discourse had indeed said, but not positively, nor as a Determination on which he had con∣cluded. However the Army made a Declaration, that their accepting of the Kings Papers wherein the Assembly of Glasgow was called the pre∣tended Assembly, did not infer their accounting it so which they could never do. Yet all the Forc••s withdrew, most of them laying down Arms, but still keeping in great Bodies together; and a Proclamation

was sent to the North to Montrose on the one side, & Aboyne on the other, to lay down Arms, (for all this while there had been a Body of about 2000 that had stood for the King in Aberdeenshire, who were command∣ed by my Lord Bamf, against whom my Lord Montrose was sent:) and these Orders were obeyed by them both; and indeed they came in good time to Aboyne, otherwise he had been sore put to it.

On the 22^th of Iune the Marquis was ordered to go to the Castle of Edinburgh,* 30.3 and take possession of it in the Kings Name, and relieve the Marquis of Huntley, and put Ruthwen (now created Lord Estrick) in it; and also to furnish it with store of Provision and Ammunition out of the Magazine in the Navy: which being done, the Fleet was to be sent out of the Frith. And accordingly on the 24^th of Iune he came to Edinburgh, but he met with such Reproaches and Hootings from the Vulgar, that he was forced (for preventing a Tumult) to desire some of the Covenanting Lords to wait on him to the Castle; and yet on the way he was all along cried out upon with most unworthy Names, as Pyrate, Traitour, Enemy to God and his Country, with other such-like Invectives. These he could not but despise, though he was sensible of the Dishonour put upon the Kings Commissioner by that Usage: yet he might well have expected, that it should have secured him from the Jealousies & Stories which were spread of him, as if he had been all that time so popular, that he was looked upon as the chief Friend of the Good Cause; which was as well grounded as the rest of these Reports. But having executed the Kings Orders about the Castle of Edinburgh, he left the Earl of Traquair (whom with the Earl of Roxburgh His Majesty had again received into his Favour) to see the rest of the Con∣ditions fulfilled.

The Tables continued to sit,* 30.4 pretending it was necessary they should doe so till all were scattered. It is true, I have in my hands a Copy of a Warrant for them to sit till the 20^th of Iuly; but whether it was signed, I can neither assert nor deny.

Divers Disorders fell out in Edinburgh, and Traquair met with many Insolences, in one of which the White-staff, which was carried by his Servant before his Coach, was pulled out of his Hand; and Complaint being made of this to the Town-Council of Edinburgh, all the Repara∣tion they offered, was to bring my Lord Treasurer another White-staff: so it was said, they rated the Affront put on the King in the Person of his Treasurer at Six pence.

Other Insolences were also complained of, and the Covenanters part∣ly excused them,* 30.5 partly denied what was alledged; but no Reparation was made. These Disorders obliged His Majesty to change his purpose of coming to Scotland in Person, resolving to be present onely by his Commissioner.

The Marquis returned to His Majesty, and stated all that was to be thought upon for Scotish Affairs in a Paper presented to His Majesty at Berwick the 5^th of Iuly, yet extant in these words.

To leave all that is past, the Question is briefly; * 31.1WHether the Assembly and Parliament now indicted is fittest to be held or discharged?

If held, the Success of the Assembly will be the Ratisying of what was done at Glasgow; or if that point be gained, yet certainly most of the Acts that

were made there will of new enacted: nor is there any hope to prevent their finding Episcopacy to be abjured by their Covenant, and the Function against the Constitution of their Church.

This will be by the Members of Parliament ratified, and put to the Kings Negative Voice; and if it be not condescended to by him, it is more than probable, that his Power even in that Court, and in that Place, will be questioned.

If it will be discharged, nevertheless the Assembly be keeped by the Rebels, and the same things done in it by them, and thereafter maintained by the gene∣rality of the Kingdom, this consequently will bring alongst with it the certain loss of Civil Authority, and so necessitate the re-establishing the same by Force, or otherwise the desertion of that Kingdom.

So it is to be resolved on, whether it be fit to give way to the Madness of the People, or of new to intend a Kingly Way?

If way be given to what is mentioned, it is to be considered in that case, if the King shall be personally present or not; if not present, who shall be imployed, and how instructed?

If the Kingly Way be taken, what shall be the means to effectuate the intend∣ed end: particularly how Money may be levied for the waging of this War, and if that be feisible without a Parliament?

If a Parliament, what the Consequence may prove? So all may be summed up in this; Whether to permit the Abolishing of Episcopacy, the lessening of King∣ly Power in Ecclesiastick Affairs, the Establishing Civil Authority in such man∣ner as the Iniquity of the Times will suffer, and to expect better; and what will be the Consequence of this if way be given thereto: or to call a Parliament in England, and leave the event thereof to hazard and their discretions, and in the interim Scotland to the Government of the Covenanters?

This Freedom declares how candidly he dealt with the King in all his Counsels. It is true, he pressed the King earnestly to give way to the abolishing of Bishops, judging that to be the onely mean to bring Scot∣land again into Order: but this was out of no other Principle, save his Desire to see the King again enjoy the Affections, as well as the Obe∣dience, of his Subjects of Scotland; thinking Episcopal Government not so essential or absolutely necessary, as not to be parted with for a time in such an Exigency, wherein the Ruine of the King and Kingdom was was so manifestly threatned.

His Majesty considering that God did not tie him to Impossibilities,* 31.2 resolved, notwithstanding his Conscientious adhering to Episcopacy in England, to give way for some time to lay aside that Government in Scotland, hoping to draw more good from it; but intended to imploy another for executing it, knowing that his Countenance and Carriage would betray the Discord was betwixt his Heart and his Actions, if he went himself: and being well satisfied with the Marquis his Behavi∣our, desired him to return to Scotland in the same Character, and finish that Business.

But he made use of all his Forces both of Reason, Friendship,* 31.3 and Interest, to divert the King from this, representing the following Rea∣sons to dissuade him from it, in a Paper presented the 8^th of Iuly in these words.

IF Your Majesty give way to the Covenanters Demands, it would be seriously considered which will be the fittest way to doe it; if by Your Majesties Own Personal Presence, or by a Commissioner; if Your Self, I shall say in that case nothing in this Paper; if by a Commissioner, then give me leave humbly to re∣present to Your Majesties Consideration, how unfit it is that I should be im∣ployed.

The Hatred that is generally carried me, and in particular by the chief Co∣venanters, will make them (hoping thereby either to ruine me, or at least make my Service not acceptable) stand more peremptorily on these other Points of Civil Obedience, which Your Majesty aims at, than they would doe to one that is less hated.

[ II] Since they are the same men I have formerly treated with, who now again must be principally used, they cannot but find these Particulars, which I have so often sworn, and said, Your Majesty would never condescend to, will now be granted: therefore they will give no credit to what I shall say thereafter, but will still hope and believe, that all their Desires will be given way to, thinking, as they have often said, that I had Power to condescend to more, but would not, that I might endear my self to Your Majesty, and be thought a deserving Ser∣vant, in procuring more than you was content to accept of; and so will for this cause stand upon those Points with me, which they would not doe with any other, who they could not but believe would freely grant (to oblige them) all such things as he had Power from Your Majesty to grant; and trust him when he said he could go no further, and so rather accept of that than adventure on a new Breach.

[ III] The rage and malice of the People is such against me, that I am not onely ad∣vertised, but advised from many amongst them, who pretend to love me, not to come into the Kingdom imployed as a Commissioner; for it will be impossible for me to escape Affronting, if I do with my Life. I do not mention this out of a care to preserve it with the prejudice of Your Service, but I know Your Iustice and Goodness is such, that You would not suffer that Injury to go un∣punished, which would consequently bring alongst with it the losing of Your Majesties End, of establishing this Business in a peaceable way.

[ IV] If Your Majesty should longer continue me Your Commissioner, it would confirm in them the Opinion which hath already possessed them, that Your Ma∣jesty intends to govern that Kingdom by a Commissioner, which is not more grievous to the Covenanters than it is to the Officers of Stat••; Whereas (on the contrary) if Your Majesty make choice of a New one, they will think it is onely for the present Service, and so rest both of them secure in that point; and Your Service consequently go the smoother on: for they will fancy, if it prosper in my hands, that then I may like the Employment so well, as I would not willingly quit it; but if it miscarry, then neither I nor any other would be desirous to undergo that Charge, and so they be freed of a Commissioner.

[ V] I am thought to have been a chief Instrument in moving Your Majesty to re∣sent their Carriage in such sort as you have done: which will cause in them, for my sake, not onely a Dislike of all that shall pass through my hands, but even an Vndervaluing, or at least not that hearty Acknowledgment of such Favours as Your Majesty conferreth on them, which they would doe if another were im∣ployed; whom they would endeavour to gain for their own ends, and hoping to make him theirs, would not onely seem to be contented, but endeavour to make Your Majesty, the World, and himself, believe they were so. Whereas (on the contrary) they would be ever repining, and not give that obedient Acquiescing,

if I be continued, as otherwise would be if any other were imployed.

If Your Majesty should at this time continue me Your Commissioner, they would apprehend that I might resent the many particular Injuries done me, and [ VI] so be a mean to work them prejudice, if it were but to revenge my self, which will not onely cause Iealousie in them, but an earnest endeavouring to make me inca∣pable to prejudice them; which cannot more easily be effected than by frustra∣ting and crossing my Intentions of serving Your Majesty: Whereas if another be imployed, they will not apprehend it to be in my Power to prejudice them, and so be free'd of that Fear, and consequently give way to those things in another Mans person, which they would not doe if I be still imployed.

They know that I am so well acquainted with their Ways and Proceedings, [ VII] and that my Heart is so streight to Your Majesties Service, that I will not con∣ceal any thing from You, either of their by-past Actions, or any thing that shall be done of new: Whereas if Your Majesty imployed another, they will be in hope that what is past is not so well known to him, and so will be forgot, or if remem∣bred by me, it will serve to no end, I being out of Place; and that perhaps he will be more sparing of speaking than I have been, or that he is to be gained to their Party: for which end hoping he may prove for the future useful to them, they may comply with him for the present in divers things, which they would not doe if I be continued.

There are so many of Your Majesties Subjects of all sorts, whom I have per∣suaded [ VIII] to resist the Ways of the Co••enanters to their great prejudice, that I shall be infinitely pressed by them to move Your Majesty for their Relief, and I chal∣lenged of my Promise, that whosoever suffered for that Cause, Your Majesty would restore to the full to them, the doing wh••reof would draw on Your Maje∣sty a great Charge; and if they find it not performed to them by me continuing Commissioner, it is probable they will then joyn with the Covenanters: whereas if Your Majesty imploy another, they will not know so well how to address them∣selves to him, nor be in despair of obtaining it hereafter, and so continue still in the way they are in.

This Work will make me (I fear) e••en lose Your Majesties Favour; for I [ IX] know it is so odious to You, that I have cause to apprehend that You will not like the Actor: or though Your Goodness will permit You to look upon him, because what he did was by Your Command; yet it may be imagined that Your Honour will oblige You not to seem to care for him. Sure I am of this, that whereas I am now perfectly hated by all Your Subjects who have withstood Your Majesty, (if it shall please you to lay this Employment upon me) I shall hereafter be, by all who wish Prosperity to Your Affairs in both Kingdoms; and where or how I may be called to an account for this Vndertaking, I know not: and a business of that nature I take it to be, that a Pardon ought humbly to be begged, be∣fore it be meddled in, seeing it is an Act so derogatory to Kingly Autho∣rity.

Give me leave humbly to represent unto Your Majesty, if it be fit either for an Honest man or a Gentleman, to be made the Instrument of doing that which he hath so often in publick and private condemned in so high a degree, and with∣stood to the certain loss of most of my Country, and many of Your Majesties Court and Kingdom of England. Nor can I ever hope to live without perpetual Ac∣cusations of such who will find themselves grieved by that which will be done; for not dissuading Your Majesty from this course, or at least for accepting that Employment, and proving Your Instrument therein. This I could enlarge, for much thereof I have already heard; but I have presumed too much: yet I hope Your Majesty will pardon me, since these Arguments are (as I conceive) used

for Your Service, the Good of which shall be ever preferred by me, before either Life or Fortune; which I would willingly expose to all Dangers, rather than You shall be pleased to lay this Employment on me, for Your Majesties Affairs would be infinitely prejudiced thereby.

All which I humbly beseech You to take into Your Royal Conside∣ration.

* 32.1There was too much Justice in these Reasons, and His Majesty was too full of Affection for him to press it any further; therefore the King made choice of his Treasurer the Earl of Traquair for the Service, ma∣king account that if he served honestly, it would doe well; if other∣wise, his Majesty would have good reason to shake him off. Upon this he was presently called from Scotland. The King also wrote for 14 of the Lords that were the chief Covenanters,* 32.2 to come and wait upon him at Berwick, that he might advise with them about the Affairs in hand. But the true reason (as was believed) was to try what fair Treat∣ment might doe with them. This gave great Jealousies to the Cove∣nanters, who were not so blind as not to understand what the effect of this might prove. And indeed some studied to infuse worse Jealousies, as if the Design of calling for the Lords had been to send them all Pri∣soners to London. In end they resolved none should go, save three from each Estate: the three Lords were the Earls of Montrose, London, and Lowthian; and Lowthian was the person who pressed them most to send any, for many had no inclinations to send at all.

But before they came to Berwick the King ordered the Marquis by a Warrant in writing, yet extant under His Majesties Hand, to try what way he could gain upon them, and discover the bottom of their Intentions, how the Estate of Bishops should be supplied in Parliament, and how far they intended to lessen the Kings Authority. The King also allowed him to use what means he pleased, and speak to them what he thought fit; not onely authorizing, but requiring him to it, and warranting him if he were ever question∣ed or accused for it by any. Bearing date at Berwick the 17^th of Iuly, 1639.

* 32.3It is easie from this to infer, both how intirely His Majesty confided in him, and how unjust they are who upon any Expressions he might then have used, offer injury to his Memory: and yet he managed this so cau∣tiously, that very little escaped him for which he could not have justi∣fied himself without this Order. But so tender was he of His Majesties Reputation, that when he was afterwards charged for some hard Spee∣ches, alledged to have been uttered at that time, in all his written De∣fences he never made use of this Justification; knowing how at that time it might have prejudiced His Majesties Service, if it had been known that he gave such Warrants to those he imployed; reserving to whisper it in His Majesties Ear, when he should be admitted to his Presence. And indeed till this appeared, the Writer of these Memoires was not a little stumbled with some of his Speeches then uttered, which were hard to be understood: for having them so near the Fountain, he could scarce doubt his Information: but this Order reconciles the Truth of these Re∣ports he had heard with the Marquis his Innocency.

* 32.4The King was highly sensible of the Affront put upon him, by hinder∣ing all he had called for to come to wait on him; yet he resolved to bear as far as Humane Patience could go, and studied to gain upon the

Lords that came. The Earl of Montrose was much wrought upon, and gave His Majesty full Assurances of his Duty in time coming; and upon that entred in a Correspondence with the King. The other two were a little mollified, but not gained: onely from them the Marquis learned, that all the Acts of Parliament for Episcopacy were to be abrogated by the next Parliament; and that they designed to change the course of bring∣ing in things to the Parliament by the Lords of the Articles, as a Preli∣mitation upon the Parliament. Whereupon the next thing to be done was to draw Traquair's Instructions, which was not done without great and long Consultation, none being privy to it besides the Marquis and Traquair himself. That which made the King so tender, was his Zeal for Episcopacy: but Traquair helped him out of all Difficulties, by telling him, that doe the next Parliament what it would, there were still good grounds to introduce Episcopacy, when ever the King was able to carry it; for Bishops being (by all the Laws of Scotland) one of the three Estates of Parliament, no Act that passed without them could have force in Law, much less the Act that abolished them, especially they not ap∣pearing or consenting to it, but protesting against it. This gave much ease to the Kings thoughts, and so on the 27^th of Iuly Tra∣quair's Instructions were signed, which follow as they are taken from a Copy of them under the Marquis his Hand.

CHARLES R.

AT the first Meeting of the Assembly,* 33.1 before it be brought in dispute who shall preside, you shall appoint him who was Moderator in the last Assem∣bly, to preside in this till a new Moderator be chosen.

We allow that Lay-elders shall be admitted Members of this Assembly: the but in case of the Election of Commissioners for Presbyteries Lay-elders have had Voice, you shall declare against the informality thereof; as also against Lay-elders having voice in Fundamental Points of Religion.

At the first opening of the Assembly you shall strive to make the Assembly sensible of Our Goodness, that notwithstanding all that is past, whereby We might justly have been moved not to hearken to their Petitions, yet We have been Graciously pleased to grant a Free General Assembly, and for great and weigh∣ty Considerations have commanded the Archbishops and Bishops not to appear at this Assembly.

You shall not make use of the Assessors in publick, except you find you shall be able to carry their having Vote in Assembly.

You shall labour to your uttermost, that there be no question made about the last Assembly; and in case it come to the worst, whatever shall be done in Ratification, or with relation to the former Assembly, Our Will is, that you declare the same to be done as an Act of this Assembly, and that you consent thereunto onely upon these terms, and no ways as having any relation to the former Assembly.

You shall by all means shun the Dispute about Our Power in Assemblies; and if it shall be urged or offered to be disputed, whether We have the Ne∣gative Voice, or the sole Power of Indicting, and consequently of Dissolving, except you see clearly that you can carry the same in Our Favours, stop the Dispute; and rather than it be decided against Vs, stop the course of the Assembly until We be advertised.

For the better facilitating of Our other Services, and the more peaceable and plausible progress in all Businesses recommended to you, We allow you at any time you shall find most convenient, after the opening of the Assembly, to declare, That notwithstanding Our Own Inclination, or any other Considerati∣ons, We are contented for Our Peoples full satisfaction, to remit Episcopacy, and the Estate of Bishops to the Freedom of the Assembly, but so as no respect be had to the Determination of the Point in the last Assembly.

But in giving way to the abolishing of Episcopacy, be careful that it be done without the appearing of any Warrant from the Bishops; and if any offer to appear for them, you are to inquire for their Warrant, and carry the Dispute so, as the Conclusion seem not to be made in prejudice of Episcopacy as unlawful, but onely in satisfaction to the People, for settling the present Disorders, and such other Reasons of State: but herein you must be careful that Our Intenti∣ons appear not to any.

You shall labour that Ministers deposed by the last Assembly, or Commi••sions flowing from them, for no other cause but the subscribing of the Petition or De∣clinator against the last Assembly, be upon their Submission to the Determinati∣ons of this Assembly, reponed in their own Places; and such other Ministers as are deposed for no other faults, that they be tried of new: and if that can∣not be, strive that Commissions may be directed from this Assembly for Trying and Censuring them according to the nature of their Process.

That immediately upon the Conclusion of this Assembly you indict another at some convenient time, as near the expiring of the Year as you can: and if you find that Aberdeen be not a Place agreeable, let Glasgow be the Place, and if that cannot give content, let it be elsewhere.

The General Assembly is not to meddle with any thing that is Civil, or which formerly hath been established by Act of Parliament, but upon His Majesties special Command or Warrant.

We will not allow of any Commissioners from the Assembly, nor no such Act as may give ground for the continuing of the Tables or Conventicles.

In case Episcopacy be abolished at this Assembly, you are to labour that We may have the Power of chusing of so many Ministers as may represent the 14 Bishops in Parliament; or if that cannot be, that 14 others whom We shall present be agreed to, with a Power to chuse the Lords of the Articles for the No∣bility for this time, untill the Business be further considered upon.

We allow that Episcopacy be abolished for the Reasons contained in the Ar∣ticles, and the Covenant 1580 for satisfaction of Our People be subscribed, provided it be so conceived, that thereby Our Subjects be not forced to abjure Episcopacy as a point of Popery, or contrary to Gods Law, or the Protestant Religion: but if they require it to be abjured as contrary to the Constitution of the Kirk of Scotland, you are to give way to it rather than to make a Breach.

After all Assembly-business is ended, immediately before Prayers, you shall in the fairest way you can, protest that in respect of His Majesties Resolution of not coming in Person, and that His Instructions to you were upon short ad∣vertisement, whereupon many things may have occurred, w••erein you have not had His Majesties Pleasure, therefore and for such other Reasons as occasion may furnish, you are to protest, that in case any thing hath escaped you, or hath been condescended upon in this present Assembly, prejudicial to His Majesties Service, that His Majesty may be heard for redress thereof in his own time and place.

We will not allow, that either by the Commissions already granted, nor upon no other Bill or Petition, any part of the burden of the Charges of the last Busi∣ness

be laid upon any of Our good Subjects, who have stood by Vs, and have refused to subscribe their Bonds and Covenants.

That you stop the Signatures of the Rights of Kintyre, Abbacy of Dear, Abbacy of Scoon, and generally all Acts in favours of Covenanters, so far as you can without stopping the ordinary course of Iustice: and you are to con∣sider withall how His Majesties Right to any of the aforesaids may be put on foot without making interruption to the present Business in hand.

You shall take a course whereby the Rents of all such Bishopricks as are va∣cant be detained, and either by Warrant of the Incumbent, or by Demission may be collected: and when any person shall be provided to these Benefices so vacant, Our Will is, that you take the same course with the Rents of these, as by these We do command you to doe with the rest of the Rents of the Bishopricks of Scotland; which is this, to cause draw up a formal Assignation to the whole Rents, Fruits, Customs, &c. belonging to the Bishoprick, whereof they are Bishop, to be subscribed by them to and in Our Favour, upon return where∣of to you, you shall give Power and Commission to such Persons as you shall receive under every one of their Hands, to collect and intromet with the afore∣said Rents of the several Bishopricks, and to deliver and be accomptable to you for the same; and upon your receipt thereof, you are to issue them out immedi∣ately again to the aforesaid Bishops, or any having their Warrant to that effect.

You shall hear the Complaints or Petitions of any of Our Subjects, or against any of Our Subjects, but such as you know to be Sufferers for refusing to joyn with the Covenanters in the Covenanting way; and you shall protect all such Persons by all the fair ways you can, and particularly Sir John Hay and Sir Robert Spottiswood.

If any thing occur either in Civil or Ecclesiastical Iudicatory, wherein you have not Our express Will and Pleasure signified unto you, wherein you see clearly Our Royal and Princely Power and Authority prejudiced, We will you to acquaint Vs therewith before any Proceeding be made.

You shall pay weekly for defence of Our Castle of Edinburgh an hundred Souldiers at eight pence per diem, besides the English Gunners and Artifi∣cers, at the Rates set down by the Marquis of Hamilton. And as for Ruth∣wen himself, you shall assign him the Rents of the Castle; and you shall like∣wise keep a competent number ofWorkmen for completing the Fortifications al∣ready begun, and shall withall provide the Castle with 6 moneths Victuals for the foresaid number of Souldiers and other Officers.

And as for Dumbriton, you shall pay for the Defence thereof Souldiers at eight pence per diem to the number of 40: allowing the Rents and other Cu∣stoms thereof for paying the Captain and other Officers.

At Berwick the 27^th of Iuly, 1639.

These were the Instructions given the Earl of Traquair, of which the Marquis wrote to a Covenanter, That if they were not worse than Devils they would rest satisfied.

Notes

• * 1.1

  An. 1639.
• * 1.2

  The sad po∣sture Affairs were in.
• * 1.3

  The King highly displea∣sed with the Covenanters.
• * 1.4

  and resolves on a War;
• * 1.5

  and layes down method•• for the effe∣ctuating of his design.
• * 1.6

  The Covenan∣ters prepare for War.
• * 1.7

  and are much inflamed by the Ministers.
• * 1.8

  The Session is disturbed.
• * 1.9

  They become Masters of all Scotland.
• * 1.10

  The King emits his De∣claration of the Reasons of the War.
• * 1.11

  The Covenan∣ters begin the War.
• * 1.12

  The Marquis of Huntley is taken priso∣ner.
• * 1.13

  The Marquis prepares for the Sea, and gets three Let∣ters from the King.
• * 4.1

  The hopes from Ireland fail.
• * 4.2

  The King ad∣vises about the Indempnity he was to offer the Covenan∣ters.
• * 7.1

  The Marquis is at Yarmout•• to put his Souldiers a∣board.
• * 11.1

  He sends the Kings Procla∣mation to Edinburgh.
• * 13.1

  Some come aboard and treat with him.
• * 15.1

  A Paper of the Ferries in Scotland.
• * 16.1

  The Earl of Rothes his Let∣ter to the Mar∣quis.
• * 17.1

  The Marquis his Answer.
• * 17.2

  The Kings Proclamation not suffered to be published.
• * 17.3

  The Marquis proposeth a Treaty to the King.
• * 20.1

  of which His Majesty ap∣proves.
• * 21.1

  The King calls for two Regi∣ments from the Marquis.
• * 21.2

  A Conference betwixt some Covenanters and the Mar∣quis.
• * 21.3

  Some Lords come from the King to the Marquis.
• * 23.1

  After them the Viscount of Aboyne.
• * 24.1

  An. 1638.
• * 25.1

  Some on the Borders are gained for the King.
• * 26.1

  The King or∣ders the Mar∣quis to enter on Hostilities.
• * 26.2

  who goes a∣bout it.
• * 27.1

  and gets new orders from His Majesty.
• * 28.1

  The Marqu•••• goes to the King▪
• * 28.2

  where he finds a Treaty be∣gun,
• * 28.3

  which is with∣in few days concluded.
• * 29.1

  His Majestie•• Declaration.
• * 30.1

  The Treaty is variously cen∣sured.
• * 30.2

  A Paper is gi∣ven out for the Conditions of the Agree∣ment, though not agreed to.
• * 30.3

  The Marquis receives, and furnishes the Castle of Edin∣burgh.
• * 30.4

  The Tables continue to sit,
• * 30.5

  and the Cove∣nanters are insolent.
• * 31.1

  The Marquis his advice to the King.
• * 31.2

  The King in∣tends to send him again Commissioner into Scotland,
• * 31.3

  who opposes it with all his Interest.
• * 32.1

  The King chu∣ses Traqu••ir to be Commis∣sioner,
• * 32.2

  and writes for many Cove∣nanters.
• * 32.3

  The Kings Trust in the Marquis.
• * 32.4

  The King gains Montrose.
• * 33.1

  Traquair's In∣structions.