Historical Collections of Private Passages of State: Volume 3, 1639-40. Originally published by D Browne, London, 1721.
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Historical Collections. For the Year 1639.
The Archbishop of Canterbury's Diary. March 27.
Wednesday, Coronation day, King Charles took his Journey Northwards against the Scotish Covenanting Rebels. God of his infinite Mercy bless him with Health and Success.
April 3. Wednesday, Before the King's going, I fettled with him a great Business for the Queen, which I understood the would never move for her self. The Queen gave me great thanks; and this day waited purposely on her, to give her thanks for her gracious acceptance. She was pleased to be very free with me, and to promise me freedom.
April 29. Monday, This day the King went from York towards Newcastle, but stays at Durham for a Week at least.
May 28. His Majesty encamped two Miles West from Berwick by Tweed.
June 4. Whitsun-Tuesday, As I was going to do my duty to the Queen, an Officer of the Lord Mayor's met me, and delivered me two very feditious Papers, the one to the Lord Mayor and Aldermen, the other to excite the Apprentices, &c. both subscribed by John Lilburn a Prisoner in the Fleet, sentenc'd in Star-Chamber, &c.
June 5. Wednesday, I delivered both these to the Lords of the Council.
June 15. Saturday, and June 17. Monday, The Peace concluded between the King and Scotish Rebels. God make it safe and honourable to the King and Kingdom.
June 28. Friday, I sent the remainder of my Manuscripis to Oxford, being in number 576, and about a hundred of them were Hebrew, Greek, Arabick and Persian: I had formerly sent them above 700 Volumes.
August 1. Thursday, His Majesty came back from the Northern Journey to Theobalds, and to Whitehall.
August 3. Saturday, Many Varieties since the Assembly held and ended in Scotland: The Bishops thrust out, the Parliament there sitting.
October 11. and 12. Friday and Saturday, The Spanish Navy was set upon by the Hollanders in the Downs; the Fight began to be hot when they were past Dover: they were in all near sixty Sail. The Spaniards suffered much in that Fight, not without our dishonour, that they should begin the Fight there; but this is one of the Effects of the Scotish Darings.
December 2. Monday. A. Sh. my Chirurgeon in trust gave me great and unexpected case in my great Infirmity; but after the Weakness continued.
December 5. Thursday, The king declared his Resolution for a Parliament, in case of theScotisb Rebellion. The first Movers to it were my Lord Deputy of Ireland, my Lord Marquis Hamilton, and myself. And a Resolution voted at the Board to assist the King in extraordinary ways, if the Parliament should prove peevish, and refuse, &c
January 24. Friday at night, I dreamed that my Father (who died 46 years since) came to me, and to my thinking he was as well and as chearful as ever I saw him. He asked me I did there; and after some Speech, I asked him how long he would stay with me: He answer'd, He would stay till he had me along with him. I am not moved with Dreams, yet I thought fit to remember this.
January 26. Sunday, I received the Queen's gracious Assurance of her Favour, in the Business which his Majesty had committed to me with others.
At Whitehall, March 26. 1639.
His Majesty's Instructions to his Privy-Council, before he went from London to York.
The Lords attend the Queen's Majesty on sundays, in his Majesty's absence.
'This day his Majesty did recommend unto their Lordships the care of the Queen's Majesty, and the Prince, and his other Children in his absence, with direction to attend her every Sunday while she shall remain hereabouts; and if she shall go further off, to Oatlands, or such, or a greater distance for any long time, then likewise to attend her, as conveniently as their Lordships may, tho not so frequently; and that nothing that shall be fit for her be wanting or neglected.
King's Infiructions to the Privy-Council in his abfecnce.
'Next, his Majesty did recommend to their Lordships, to give notice to all Lord Lieutenants, and Deputy Lieutenants, to resort to, and remove within the limits of their Lieutenancies, except such of his Privy-Council as are appointed to stay here; and the Earl of Bridzwater is to go, as soon as conveniently he can, into his Presidency, to give notice likewise to all Governors of Islands and Forts, to repair to their Commands; or in case they are otherwise employed in his Majesty's Service, to send able Deputies upon the Places, and such for whom they will be answerable.
March the 27th, Coronation day, his Majesty took his Journey Northwards against theScots; there went with him in his Coach the Duke of Lenox, and Earl of Holland, and arrived at York the 30th of March. To whom Sir Thomas Widdrington, Recorder of York and Berwick, made the following Speech.
Most Gracious and Dread Sovereign,
'Be graciously pleas'd to pardon this stay, that we, the least and meanest Motes in the Firmament of your Majesty's Government, should thus dare to cause you (our bright and glorious Sun) to stand: Give us leave, who are the Members of this antient and decay'd City, to make known unto your Majesty (even our Sun itself) where the Sun now stands,
(In the City of York)
'which, like an ill-drawn Picture, needs a Name: A Place so unlike itself, that we may boldly say, Niobe was never so unlike Niobe; never Old Man so unlike himself, himself being young, as is the City of York unlike the City of York; heretofore an Imperial City, the Place of the Life and Death of the Emperor Constantius Chlorus, in whoseGrave a burning Lamp was found manyCenturies of Years after. The Place honoured with the Birth of Constantine the Great, and with the mosy noble Library of Egbert.
'I might go farther, but this were only to shew, or rather speak of, antient Tombs.
'This City was afterwards twice burn'd so that the very ashes of these Antiquities are not now to be found: And if later Scars had not defac'd our former Glory, what was it truly in respect of what we now enjoy?
'The Births, Lives, and Deaths of Emperors are not so much for the Honour of York, as that King Charles was once Duke of York. Your very Royal Aspect surmounts our former Glory, and scatters our later Clouds.
'It's more honour for us that King Charles hath given us a new Life, Nativity and Being, by a most benign and liberal Charter, than that Constantine the Great had his first Being here: And for the Lamp found in the Grave of Chlorus, your Majesty maintains a Lamp of Justice in this City, which burns more clearly than that of Chlorus, and shines into five several Counties, at which each Subject may light a Torch, by the lightness whereof he may see his own Right, and find and taste part of that sweet and wholesome Manna here at his own Door, which drops from the Influence of your Majesty's most just and gracious Government.
'So that if the Library of Egbert were now extant among us, that very Idea of Eloquence, which the most skilful Orator could extract out of it, would not be able to express what we owe to your Majesty, there being not any Acknowledgment answerable to our Obligations: For besides all this,
'The Beams and Lightnings of those eminent Vertues, Sublime Gifts and Illuminations wherewith you are endowed, do cast so forcible Reflections upon the Eyes of all Men, that you fill, not only this City, this Kingdom, but the whole Universe with splendor.
'You have established your Throne upon two Columns of Diamond, Piety and Justice; the one gives you to God, the other gives Men to you, and all your Subjects are most happy in both.
'For our selves, most gracious King, your Majesty's humblest and meanest Subjects, Obedience, the best of Sacrifices, is the only Sacrifice which we have to offer to your most Sacred Majesty. Yet vouchsafe to believe, most mighty King, that even our Works, such as they are, shall not resemble there, Sacrifices whereout the Heart is taken, and whereof all the Head, nothing is left saving only the Tongue; our Sacrifice is that of our Hearts, not of our Tongues.—
The King's Attorney General, by Relation of the Lord Wentworth, Lord Deputy of Ireland, against the Lord Mountnorris, Sir Pierce Crosby and others.
'The Defendents are charg'd for raising and divulging Scandals of the Lord Deputy of Ireland, giving out as if he was guilty of the death of one Esmond, proceeding from Sir Pierce Crosby's malice, who drew unto his Confederacy the other Defendents; who all repining at the Lord Deputy, resolv'd generally to make use of the death of one Esmond a sick and infirm man, who died in the 10th Year of the said King; and in the 11th Year they tell his Wife, That the Lord Deputy gave him divers stroaks; and they got her into their Confederacy, and tell her, The Complaints will be well received in England, offering her 1000 l. to come over.
'To this Sir Pierce Crosby pleaded not guilty.
'The Lord Mountnorris in his Answer said, He was sensible of the Charge, that he should be a Person ill-affected to his Majesty's Service, and pleaded not guilty to all the Offences.
'The Wife said, she heard a Report, That her Husband received several blows from the Lord Deputy, and that he died a few days after, that she made her moan to the Lord Esmond.
'Marcus Chevers faith, That Sir Pierce Crosby asked him what he heard of the blows given by the Lord Deputy to Robert Esmond? and said, There was a report of it at the Lord Esmond's House; and Sir Pierce Crosby in a Letter writes, That the Lord Esmond did first raise the report, and first encourag'd Margery to complain.
'Richard and William Esmond pleaded not guilty.
'Walter Fitz-Harris answer'd, That he delivered the Message from Sir Pierce Crosby toMargery Esmond, to such Effects in the Information, and to all Offences pleaded not guilty.
'Lawrence Archer's Answer was read, but pleaded not guilty.
'William Holloway his Answer read, who was present when the Lord Deputy committed Esmond, and said he believes he did Esmond no wrong; and to all Offences pleaded not guilty.
'The King's Attorney General descended to proof, and declared, That Sir Pierce Crosby was the Forger of the Accusation, and that it will be proved Esmond died of other Wounds, that no Blow was given by the Lord Deputy.
'Then the Deposition of Margery Turner was read, who faith, That Robert Esmond her late Husband, long before his death, was wounded in his Back with a small Knife by one Egerton; and that the said Esmond, after the Wound, spitted Blood for about a Year before he died; and that he had also a Cough of the Lungs about seven Years, and died of a Consumption.
'Lawrence LordEsmond being examined, faith, That Robert. Esmond, six or seven Years before his Death, received a Wound in his Back with a Knife by one Egertor; and that he was not of a weak or sick Constitution before his Death; and that he and other his Friends conceived the said wound to be the cause of his Death.
'Walter Fitzharris deposed, That he told the Defendent Margery to go into England, to take part against the Lord Deputy; and that he promised her that Sir Pierce Crosby should give her 1000 l, to go and make complaint of the Death of her Husband; and told her, That he wassent for that purpose into Ireland by Sir Pierce Crosby, and she seemed willing to come into England.
'Richard repaired to Robert in his Sickness, and asked him, Whether he had any stroak from the Lord Deputy? and said, He had received no stroak from the Lord Deputy upon his Salvation; he also said, That Margery Turner came to his Lodging, and complained of the loss of her Husband, and said, She had bin sent for by a Messenger, which said, He came from my Lord Mountnorris, Sir Pierce Crosby, and Marcus Chevers, to come and speak with them; and the Examinant conceived they sent for her to perswade her to go into England to complain.
'Sir Philip Manwairing faith, He was present when Esmond was brought to the Lord Deputy, Esmond was charged with Contempt in refusing to take aboard the King's Timber, and taking in other Timber; the Lord Deputy shook his cane at Esmond, and said, He would teach him better Manners; but whether he touched him or not he cannot depose
'Sir Philip Manwairing further said, That the Lord Esmond, Lord Mountnorris, and Sir Pierce Crosby were of the Privy-Council in Ireland, and Sir Pierce Crosby renewed about the end of the last Parliament the Oath of a Privy-Counsellor.
'Joshua Carpenter said, That about November 1634, that Esmond was pressed to carry Timber, and refused it, saying, He had undertaken to carry Timber for the Use of the Lord Chief Justice, that the Lord Deputy shook his Cane, but whether touch'd him with it or not, he knows not; but the Lord Deputy committed Esmond for neglect of the King's Service.
'Jeremy Woodworth faith, That Esmond was troubled with a violent Cough, but went quickly over; and when he visited him in Prison, he heard him not complain of any Blow, though he asked him if the Lord Deputy did strike him? but Esmond answered, He did not, but only shaked a Cane over his Shoulders, but he felt no harm, that he would not have hidden it if he had beaten him. That Chevers said that day that Esmond died, Did not I tell you he would die of the stroaks the Lord Deputy gave him?
'Sir Francis Wortley faith, That Sir Pierce Crosby faith, That the Lord Deputy had a hard heart in Ireland, he struck Esmond, and committed him to Prison, and two or three days after he died, and on his death-bed said he died of the Blows given by the Lord Deputy.
Sir Pierce Crosby Defendent.
'William Atkins Interrog.first, About November and December 1634. Robert Esmond was brought before the Lord Deputy, who committed him to Dublin Castle; Atkins was present when Esmond was convented, the Lord Deputy was angry with him, and said, Sirrah, Sirrah, and struck Esmond on the Head and Shoulders three or four stroaks with a Cane, and then committed him.
'Immediately after Robert Esmond's Death, he heard Richard Roach and divers others report, That the said stroak occasioned it; that he did daily visit Robert Esmond, and he still complained of the blows; and that this Deponent's Wife anointed his Shoulders: He often wept and grieved, and he would often say, His Heart was broken.
'Richard Roach saith, That Esmond was in Prison about six Days and a half; daily complain'd and refus'd ordinary Food.
'William Holloway saw the Lord Deputy strike three or four stroaks over the Pate with a Cane, agreeing with Lsmond's Relation.
That in November or December 1634, he being a Prisoner in Dublin Castle, Robert Esmond told him, That he had bin convented before the Lord Deputy, and committed, by reason that after his Bark was laded for the Lord Chief Justice, he refused to take in the Lord Deputy's Timber, which he could not have taken in respect of the length.
'Esmond further said to this Deponent, That the Lord Deputy had made him Knight of the Cane; and complained of the stroaks the Lord Deputy had given him, and wished them to feel what Swellings he had in the hinder part of his Head, and this Deponent felt several knots and swellings by his Ears: He lay in Prison about six days and a half, and daily complained, and refused ordinary Food; and from his Commitment to his death, he did more and more languish; and at his going out of the Castle, he shook his Head towards it, and said, He might thank the Lord Deputy for that.
'William Holloway agrees with the same Deposition.
'William Esmond saith, That in July, 11 Car. I. Sir Pierce Crosby and Lord Mountnorris were at Wexford, and then and there Sir Pierce did speak of such Reports as is before deposed, that it was no Crime; and they did enquire of Esmond's Wife, but no Proof that ever they spoke with her till the Information was exhibited.
After the reading of a few more Depositions, and Mr. Attorney General's Reply in this Cause, and magnifying the Worth and Merit of the Lord Deputy, and shewing the Improbability of any Truth in the Defendents Witnesses, the Court proceeded to Censure.
May 22. 15 Car. Regis, 1639.
Some Passages of the Lord Cottington's Sentence, at the hearing of the Cause between the King's Attorney General Plaintiff, Sir Pierce Crosby and others Defendents.
'That there lay a Necessity upon the Lord Deputy to bring this Cause to a hearing, else he had not done right to his own Honour, and the King's Service, nor to his Posterity; and he had great reason to expect Satisfaction from the Court. That he blames not all the Counsel at the Bar, who pleaded for the Defendents, but blames him that made defence, in way of Justification of the Scandal, after not guilty pleaded; and leaves it to the Court whether it be not fit to repair the Lord Deputy for such a Defence, considering the Deputy's great Merit to the King, State, and their Lordships; being one who hath done so good, so just, and so honourable Services, not to be parallel'd by any that went before him in that Place.
'His equal Distribution of Justice, advancing his Majesty's Revenue, &c. so that Ireland was never in that state as now it is: And that this noble Lord should have these Reflections cast upon him by Sir Pierce Crosby, is an ill Reward.
'I am well satisfied Sir Pierce Crosby endeavour'd to draw this scandalous Accusation upon this Lord, and hath bin a Publisher of it, particularly to Sir Francis Wortley: And how ridiculous a thing it was (the Proofs consider'd) to say that Esmond died of the Blows the Lord Deputy gave him, when only he shaked his Cane over his Head.
'I hold my Lord Esmond also guilty of spreading this Report. Fitz-Harris tells how he was hired to go into Ireland, on Sir Pierce Crosby's account; It is said he is a man Indicted of Felony, Why did Sir Pierce Crosby make use of such a Fellow?
'I fine Sir Pierce Crosby 4000 l. to the King, and to give such Satisfaction to the Lord Deputy as this Court Shall direct. I am sorry for Sir Pierce Crosby, for time was when he did good Service at the Isle of Ree for his King and Country.
'As for the Lord Esmond, I hold him clearly guilty of spreading this Scandal, to the Dishonour of my Lord Deputy. My Lord Mountnorris said, He had it from the Lord Esmond. Now for Men of honour to report a thing false for a Truth, is a very great Crime. I fine my Lord Esmond 3000 l. and I do declare him to be unworthy to serve under the General (my Lord Deputy) and to make Satisfaction in some publick way, and in such words as this Court shall direct.
'As for Marcus Chevers, the beginner of this Report, I sentence him, for publishing of it, 1000 l. and to acknowledge his Offence.
'And all the Defendents in 5000 l. Damages to the Lord Deputy.
Lord Chief Justice Finch his Sentence.
My Lords, The Charge in this Information is double: It is a Conspiracy to raise a Scandal, to bring my Lord Deputy in question, both in his Honour, Life, and Fortune. And it is for the publishing and divulging of this, to the Dishonour of my Lord Deputy, and to stir up ill Consequences likewife to his great Damage.
'That there was a Scandal raised I am fully satisfied; but who are the first raisers of this Scandal, that in judgment doth not appear before your Lordships. But my Lord Deputy hath very good reason to charge this as a Conspiracy and Practice in the Defendents, and I think your Lordships have great reason to suspect it strongly; and in my own private Conscience I do believe it. But I dare not, upon the Proof in Court, go so far as to sentence any of the Defendents, not Sir Pierce Crosby, whom I hold to be the chiefest Delinquent in the Cause. I dare not, I say, upon the Proof in Court, condemn any of them of a Conspiracy, or of a Practice with others, to raise this Scandal ab origine, to bring my Lord Deputy in danger of his Life.
'For the publishing of the Scandal, I am satisfied that it was a false Report, and that it is a Crime that ought severely to be sentenc'd in this Court.
'There are Precedents of it in my Lord Archbishop of York's Cafe that now is, and the Bishop of Lincoln and Osbaldston's Cafe. And your Lordships know as well the Statute of R. 2, & Westm.I. doth as well punish those that are the Tellers and Speakers of false Iyes and tales, as the Inventers.
'In the Cafe of a common Person there may be sufficient reason to justify the Words, but in the Cafe of a publick Magistrate, and so great a Person, as the Viceroy, in a manner, of the Kingdom of Ireland; I say, though there were probable and just grounds, it was not fit for them to scatter and divulge things in an irregular way, but it is punishable; I did learn it in King James his time, in the Cafe of Henry Earl of Northampton, Lord Privy-Seal, that was here sentenced.
'I am clearly satisfied that this is so far from being true, or from a Probability of Truth, or from being a non liquet, that there is no colour for it; and to satisfy my own Conscience, I shall be bold to reckon to your Lordships the grounds upon which I go.
'I do six it upon the Testimony of the Parties present, and of the Witnesses present; I do find there were fifteen present. For Sir Philip Manwairing, your Lordships know his Quality and Reputation in the Kingdom, and I know he beareth it as worthily in your Lordship Judgment: He expresly sweareth his Lordship did but shake the Cane, and that he believeth in his Conscience, (for so he said here in Court) he did not so much as touch him: And I would not have any to go away unsatisfied of any thing against my Lord Deputy. There are many Precedents and Rules, that this Court hath liberty in their Judgments, to call for Witnesses at hearing to satisfy their Consciences. My Lords, Besides Sir Philip Manwairing's Deposition, that which he did here affirm, That he was near to my Lord all the while, and that he did diligently observe all that passed.
'Another Witness wasIsaat Carpenter; he doth agree with Sir Philip, he faith, my Lord did but shake the Cane, and he doth not know whether he touched him, and he was the man that brought the Fellow thither.
'The third Witness was Holloway; It is true some speak out of his Mouth, he speaketh exactly in his Answer: He knoweth of no Hurt or Wrong was done by my Lord Deputy, neither doth he believe it.
'Atkinson the Gaolor, he was the only single man of those that were present that faith, my Lord Deputy did strike Robert Esmond with a Cane.
'Take the Quality of their Persons, take their Number, four to one, I wonder whether any man can think there was a Stroak.
'The second part of the Proof is from the Relation of Robert Esmond himself, wherein you shall see a great deal of Malice in the Defendents.
'Yet he sweareth upon his Salvation, he took no Hurt by any Stroak from my Lord Deputy; he did declare it was an old Hurt with a Knife that did wound him; he did there protest he never struck him, only shaked his Cane: And when his Uncle said unto him, Tell the Truth; indeed, Uncle, said he, if it were otherwise I would tell you; I pray God I never enter into Heaven if ever he struck me, or hurt me: So here is as strong a Relation as can be, and agreeth in the Point with the shaking of the Cane.
I shall not forget to reckon up to your Lordships, what on the Defendents part hath bin alledged. It was a grave and honourable Admonition which was given by my Lord Cottington to the Counsel at Bar, and I wish they would never give occasion to be reprehended, but to take admonition by this; Time hath bin when Practisers of Law knew their Duty, which if they observ'd, they should never do more than their Cause would bear, and yet do their Duty to their Clients with Modesty to the Court, and Respect to Persons of great Eminence. In this they have gone further than the Course of the Court, wherein I do commend Mr. Attorney that did so respect the Innocency of my Lord Deputy, that he would not cut them off. It hath not bin usual with the Practice of this Court, to suffer him that pleads Not guilty, to maste a Justification for the Plaintiffs to prove him guilty; and it shall ever be my Practice in such Cases, when they do fail of a Proof of not guilty, that they shall pay found Damages.
For my Lord's Merit I shall say nothing, I am prevented by my Lord Cottington. If ever any deserved Reparation in this Court, my Lord Deputy doth, who hath bin so excellent a Minister for the King.
For Sir Pierce Crosby, I shall observe to your Lordships he was a discontented man, removed from the Council-Table by my Lord Deputy and the Council, and by direction from the King. He said, my Lord Deputy bore a hard hand in Ireland, and wished my Lord Deputy wa displaced, and my Lord Falkland in it again. I have known Sir Pierce long sorry I am to meet him here.
The first Witness against him was Sir Fr. Wortley, who faith, he told him, My Lord Deputy Struck him, and that he died of the Blows, and did name some Persons in Ireland that would prosecute against my Lord Deputy.
'The second Witness was Edwards, Sir Pierce Crosby asked him if he had not a Kinsman that died of a Blow given him by the Lord Deputy of Ireland. It did not concern Sir Pierce Crosby at all to inquire.
'Your Lordships remember what William Esmond said, then what Sir Thomas Esmond said, the Lord Deputy struck him: And Marcus Chevers asked if he had heard of any such thing. I tell your Lordships why I reckon up these Defendents, because of the Knowledge I have of Sir Pierce Crosby; and I am sorry that he should upon his Oath deny that ever he spoke any such word, when so many do witness against him for it; therefore Sir Pierce Crosby's Oath must not move me in Judgment, for no hold is to be taken of it. And let Men take heed how they take a liberty to deny upon their Oath; for your Lordships know how many Precedents have bin in this Court, for sentencing men for Perjury in their own Cause.
'For Fitz-Harris; he is a Witness that doth accuse himself; as for the Indictment against him, he stood upright when he was examined, and in these things, wherein he concurs with others, he is without exception; and being a single Testimony in the main point for the Conspiracy, is the reason why I cannot sentence Sir Pierce Crosby for a Conspiracy: And I am not on the other side so satisfied, but that in my own private Conscience I do think there was a Conspiracy. Why should Fitz-Harris also go about this? and why should Archer make this Relation? and why this Conference with Robert Esmond's Wife, and her Counsel? (though I will not say but manner of it, and so I shall leave Sir Pierce Crosby.
'The next is my Lord Esmond, a Person unknown to me, yet I am sorry to find him here; but I must agree with my Lord that went before me, and to sentence him for the Reasons already open'd. My Lord Deputy should know it was an Esmond he had kill'd, tho he was the man that brought my Lord Deputy word that Robert Esmond said upon his Salvation, he took no Hurt by any Stroak from my Lord Deputy. This Lord being a Counsellor of State, to go and do otherwise doth aggravate his Offence. Nothing is more for my Lord Deputy's Honour than this very particular: with what Clearness and Candor my Lord Deputy did proceed in putting so much Trust in my Lord Esmond, in a thing that standeth so deeply in his Honour and Fortune, and might be a Cloud that might hang over him all the Days of his Life.
Next was Chevers, he said, It was no wonder if he died of it, &c. Here my Lord Pinch spoke of a Report which he had seen, 4 Car. where my Lord Say brought an Action of the Case upon the Statute of Scandalum Magnatum, for saying, Thou art a Traitor to the King, and upon a Not guilty pleaded, it was found for the King. But the Inference he drew from this the Author could not perfectly take.
'For Holloway and Fitz-Harris, there is enough to convince them. I shall descend to my Sentence, and will not dissent in any thing from my Lord Cottington, only have Archer's and Fitz-Harris's Ears nail'd to the Pillory, and fin'd 1000/. apiece.
A few Notes of some other of the Lords Sentences.
'I am satisfied of the clearness of my Lord Deputy. To have so worthy a Minister of the King's thus traduc'd, especially in this time of Troubles in Scotland, it much concerns him. I had rather have found Sir Pierce Crosby in some Regiment attending the King in Scotland. Yet I must sentence him as a man guilty of the divulging of the Report, and that with a great deal of Malice; I concur with my Lord Cottington.
Sir Thomas Jermain.
'Since it is so, that with these Lords that have gone before me I cannot concur; I shall use the liberty of my Place, and the strength of my Conscience, and speak what I think, and think I must; and i think it my part to render a Reason and Account of my Thoughts. You have in Judgment before you thirteen Defendents, some Noblemen, some Gentlemen, and others.
'Here is a great and heavy Charge upon Sir Pierce Crosby, it standeth upon three Heads.
- 1 'That he is a Person ill-affected to the Government and State.
- 2 'That he should be the first Publisher of this Scandal.
- 3 'That he stirred up the Wife of Robert Esmond to prosecute my Lord Deputy.
'If I find my Lord Deputy's Honour invaded by Sir Pierce Crosby, or any man else, he being a Person of great Place and Trust in another Kingdom, where a great part of his Majesty's Government is committed to his Care, it behoves myself and all your Lordships here present, to vindicate his Honour. And I am verily persuaded, that neither my self, nor any here present, can think my Lord Deputy could procure the Death of this man by his Cane, there his Honour is not in danger.
'For Sir Pierce Crosby, he was a principal means for the Preservation of our mens Lives that escaped at the Isle of Ree. Sir Pierce Crosby was not the first Mover, for Mr. Raileton in his Deposition faith, (before ever Sir Pierce was thought to have spoken of this matter) that he heard at Court by Mr. Leveston, and divers others, of Robert Esmond's Death. It seems strange to me, that these Publishers were not made Parties to the Suit; and if it may stand with the course of the Court, before I proceed any further, I would know whether this be an Offence, To speak that for which he can produce several Persons that spoke it before him.
'Lord Chief Justice Finch faith, Tho a man speak that which a hundred speak before, it is a Scandal in him.
'Then I shall descend to my Sentence.
'Next Witness against Sir Pierce was Sir Fr. Wortley, but he remembreth not the time. And against Sir Pierce hereis only Fitz-Harris, and twenty more that spoke out of his Mouth, and all but as one Witness; and he is such a Witness, as for my part I shall not believe.
'I sentence none but only Fitz-Harris and Archer.
Barret Lord Newburgh.
'I Conceive the Offence so foul as that it deserveth a very severe Sentence, were it fully prov'd against all the Defendents. I am fully satisfied of my Lord Deputy's great care in his Majesty's Service in that Kingdom, and that nothing hath bin said of him in this Court but what is his Due. I can sentence none of the Defendents but Fitz-Harris and Archer.
'Earl of Exeter concurred with my Lord Newburgh.
'My Lord of Suffolk agreed with my Lord Cottington, and added this, To have Fitz-Harris to lose one Ear in England, another in Ireland, and if he have a third Ear, to lose it in Scotland.
Earl of Manchester Lord Privy-Seal.
'My Lord Deputy's Life, Name, and Fortune lieth at the stake: and a stupid man he had bin not to have stirr'd, he had wrong'd his Honour, Person, Estate, and Government it self, not to have stirred.
'I will speak my own Judgment freely, without Checks to my Conscience.
'For the Plot, to speak truly, I see none. To Publish this Scandal was a Fault, and the greater, because it was against a great man.
'For the Fact, who shall a man believe in this Cafe? The Party himself, his Wife, his Kindred, his Friends, his Protestations, his Execrations, that upon his Salvation he had no stroak.
'Mr. Recorder put as good Colours upon this Cloth as it would bear for a Defence.
'Sir Pierce hath carried himself very closely, he was never seen but at Easter when he sent for Margery.
'In Sentence I concur with my Lord Cottington.
Dr. Juxon, Bishop of London, Lord Treasurer.
'For Scandals raised upon Superiors, they are the Difeases of the Time. Not to spend time to speak of my Lord Deputy's Worth, this Injury to him justly requires a heavy Sentence. Sir Pierce Crosby I conceive is a great Delinquent, if not a Plotter; Yet a subtil, industrious and diligent Labourer in the Prosecution. If it took no effect, it was no Fault of his. Fitz-Harris was also an Offender, your Lordships may do well to make him an Example. For my Sentence I agree with my Lord Cottington.
Some Passages in my Lord Archbishop of Canterbury's Sentence, in my Lord Deputy's Cause, against Sir Pierce Crosby and others.
'I conceive there was a marvellous great Necessity to bring this cause to Judgment, for the Report was spread so far and so high, that if it had bin suffered to have lain asleep, it might have endangered my Lord Deputy, and his Posterity after him; and therefore it did concern him, by all the means in the world he could, to bring this Cause into this Court.
'My Lords, for the Counsel at the Bar I was extreamly troubled to see them, after a Not guilty pleaded, to justify the Act; and yet I cannot but commend Mr. Attorney to give way unto it, that the Innocency of my Lord Deputy might the more clearly appear
'My Lords, for the Cause itself, I am not only of Opinion that it is a great Offence, but that it is an Offence which hath a dangerous Consequence following it, if you look by whom, and against whom it was committed.
'My Lord Chief Justice hath so divided the Cause in the Particulars, that I shall be very brief.
'I conceive the Defendents are guilty of a grievous, malicious, and dangerous Scandal; and whether true or false it is no matter, for it stands against the Foundation of all Law, that if the thing were true, yet they are scandalous Reports. Certainly, my Lords, for the Consequence that is upon this, I hold it to be very dangerous. And if such a thing shall go unpunish'd, or with a light Punishment, no man in his Place can live in Safety of his Life, Honour, and Fortune.
'My Lords, this is not only a dangerous Cause, but dangerous in the way of Prosecution, that there should be such cunning in the carriage of this Business, that they would take away with one Blow his Honour and Service inIreland, and cut him off from his Defence and Protection inEngland. It is very bad it should be against a Peer of the Realm, but this against my Lord Deputy, that doth represent the King's Person in that Kingdom; for the whole Trust and Government of that Kingdom doth rest in him under God and the King. And it argueth, to my understanding, that such Spirits as these, that strike at the Authority of him that beareth the Power under his Majesty inIreland; they that shall begin thus with Tongue and Pen to scandalize any in Authority, I shall think the same man will be very bold to scandalize the King too. Gregory Nazianzen, where he speaketh of Kings, faith, They are lively Pictures of the Almighty God, drawn sbort, but not at length, for no Resemblance of God Almighty can be drawn out at length. As Kings are Representations of God drawn out shortly, so Deputies and Lieutenants are Reprefentations of such as are their King, but drawn out somewhat shorter than the Resemblance of their King.
'For my part, I have ever been of opinion, that the great Ministers of the State, who shall not be very sensible of the Authority imposed on them, and of the Injuries offered unto them, cannot perform, nor be so careful in their Places as they ought.
'It is very high time to look about, for great liberty is taken in this Age, and the Tongues and Pens of men, against men of Place and Authority, are too frequent; that Sin is grown very common, almost Epidemical, and ready to profane all Authority; and the next to that is the Confusion of all mens Fortunes.
'These Times, in the greatest Empires that ever were in the world for Riches, one of the greatest, the Roman Empire, do manifest, That those men, on whom the Emperor at those times did set any great Office, or did any other ways favour, certainly they had the greater Esteem among the People, and good reason for it; but now it is grown quite contrary. The Scripture faith, Thus Shall it be done to the man whom the King honoureth. Now it is changed and quite otherwise, with all manner of Reproach, and casting of Scandal upon him whom the King honoureth. This in general.
'Now for my Lord's Person in particular, and for his Dexterity in the Government of that Kingdom; in particular, for that he hath showed himself a great Favourer of the Church: But because I am a Churchman my self, I shall speak little of him in that, but leave him and his great Care in that Service without any Elogium, since it speaks loud enough all Christendom over.
'This I will say, without Disparagement of those great Persons that have gone before him, and I hope to the Encouragement of those that may succeed, That for the Government of the State in general, and for the State of the Church, for the setling of Religion, for the vindicating of Justice according to their Laws, for improving their Trade, and setling a military Defence in that Kingdom, no Story nor Memory of man can say, that ever Ireland was in that case since Ireland did belong to the Crown of England.
'My Lords, I shall add one thing more in respect of these boisterous Times we are fallen into. The State doth not owe a little to my Lord Deputy, that the Kingdom of Ireland is kept in that great Peace and Security; for at this day (God be thanked that kingdom is at peace, notwithstanding the multitude of Scots in that Kingdom, and those Rebels that are within an Hour and a halfs Passage of Ireland. No part of England is in more Security than they are at this time; and under God and the King, I can attribute it to nothing but the Wisdom, Courage, and Care of my Lord Deputy: and therefore God forbid Offenders against his Reputation should go away without exemplary Punishment.
'The greatest Empire that ever was in the World was the Roman Empire: give me leave to represent to your Lordships what the Law was then, and it cometh home to many particular things that are in this Case before your Lordships.
Here the Archbishop mention'd some Roman Authors, but spoke so fast, as at that time the Pen could not hold pace with him.
1. 'There was a Necessity, but in those times (said his Author) then to complain, to deter People from casting Scandals on Persons in high Authority; therefore there is now a Necessity for my Lord Deputy to complain, or else no Punishment to the Offender.
2. 'Whom doth the State vindicate? A Senator. From what? From some notorious Brand as this is. God forbid but that the State should do it, for the State cannot be safe unless it doth defend every one of us ab omni injuria. Certainly say what you will, it is impossible for the Government of the State to go on, if these Scandals must be suffered.
'I shall further observe, this is no matter of Favour you do my Lord Deputy, nor was it in the Empire at that time, for the Senators did require it by Law, defendere jus Senatoris; and not only defendere jus, but authoritatem juris. And then, my Lords, after there cometh in the last, and that is remarkable, that the great Empire, famous over all the world, and so continueth, yet that great Emperor did reckon himself as one of the Senators; not but that he was greater, but the jus & authoritatem of them he did assume unto himself.
'I hold this libelling of the Tongue and Pen to be a Sin of a very crying Nature, and will get up by the least Twig that may be; and the Nature of the thing is such, that if it can but once come and ride safely upon the Shoulders of a Nobleman, it will mount and come to the King himself, and the greatest Emperor that is; which God forbid that it should be so. This I thought good to speak upon the Consequence of these things, because the Venom of this Crime is in the Consequence, more than in the Formality of the Crime.
'My Lords, I did beg leave to speak this for the satisfaction of my own Conscience; and to express how sensible I am of this, I shall now come to the particulars of this Cause in Judgment before me, in which I did promise Brevity; and my Lord Finch hath so fully handled this matter, that he hath spared me a great deal of pains.
'I begin with Sir Pierce Crosby, and I think all your Lordships agree with me, for the Generality of the Scandal, that it is notoriously false, without probability of Truth. I have heard heretofore well of Sir Pierce Crosby, but I must observe a good Rule given in the Commonwealth, That if a man have deserv'd well, and now deserves ill, his well doing formerly shall not excuse him for his ill Deeds now; therefore I shall pass by the goodly Report I have heard of him. In my Notes, I find him guilty of the spreading of this false and malicious Report, and is a Fomenter thereof; tho I cannot make him the first Author of the Report, yet after once he came in, he was a malicious Prosecutor. Sir Fr. Wortley's Testimony convinces him, besides it is corroborated with Fitz-Harris's Testimony.
'For my Lord Esmond, I hold him almost as great an Offender as Sir Pierce; his Ingratitude is far beyond Sir Pierce's. The Apprehension which the world had of him, the Honour and Countenance my Lord Deputy had given him, the Trust my Lord put in him to take the Examination of this Business; and after all this, for him to turn tail against my Lord Deputy must needs be a foul Fault, and argue a canker'd Heart.
'For my Lord Mountnorris, I cannot sentence him, because the Proof against him is not clear; but let him make a happy use of coming so near the Fire, and yet escape.
'For Marcus Chevers, I conceive him to be one of the first Raisers of this Report, he faith he heard it from my Lord Mountnorris; so between them two, and my Lord Esmond, and Sir Pierce Crosby, was this Scandal broached. I think these four men stood upon some Irish Bog, and a foul Mist did there arise; and there stood about this same Bog these four Defendents, and they have fomented the Filth they received by it.
'For Fitz-Harris and Archer, I think he could get no men of worth to undertake such a Business, therefore such men were most fit to be employed. I conceive there was a deep Conspiracy with these two men about this Business.
For Holloway, I must sentence him in 200 l. fine.
For Robert Esmond's Wife, I am loth to condemn her, a Wife that had lost her Husband, and swears the conceived he died of his old Diseases.
For Fitz-Harris and Archer, I agree to the losing of their Ears; and for the Sentence of the other three Defendents, I agree with my Lord Cottington in Fine, Acknowledgement and Damages.
And I add further that my Vote is, My Lord Esmond shall be removed from being any longer a Privy-Counsellor, it being not fit that such a canker'd Heart, and ulcerated Man should fit at the Council-Table there.
Lord Keeper's Speech.
'Mr. Attorney hath proceeded with a great deal of Judgment; He did a very good Act for my Lord Deputy, to bring this Cause to Sentence. And for the way of Defence, I am clearly satisfied it is against the Rules of the Court; yet had they bin interrupted in the way of their Defence, it would have reflected both upon my Lord Deputy and the Court: Therefore as I do condemn this way of Defence to the Court, (and by the way do advise them to take care and heed how they do practise it in other Causes) yet I do commend it as necessary in this Case, for Mr. Attorney to give way unto their Method of pleading.
My Lords, in the next place I must needs say, upon the whole course of this Cause, I am of the same Opinion with my Lord Cottington; that howsoever perchance this or that man may think my Lord Deputy should have done well to have forborn this Cause, yet certainly it was a great necessity for my Lord Deputy to bring it on. It was necessary for him in the point of his Honour, for I am very confident, that had he not taken that way, this Rumour and Calumny had spread so far, that of necessity it would have required him at last for his Safety to do this; because for Atkins and Roche, I am satisfied in my Conscience, by the Proof of the other side, that they are false Witnesses, and therefore it might have concerned my Lord Deputy, as in his Honour, so in his Life and Estate.
It was a Point of Moderation that he did not put in my Lord Esmond first. I once had a good Opinion of him; but when my Lord Esmond (whom my Lord Deputy entrusted to examine this Business) did discover himself, he had great reason to bring him on the Stage.
My Lords, there was one thing out of the Proofs concerning Marcus Chevers to be of Counsel with Sir Pierce Crosby in a cross Bill, to let your Lordships know something of what I know: It is
'true, Sir Pierce came unto me, and desired me to write a Letter to my Lord Deputy, to come and appear to his Suit in the Star-Chamber here; but the truth was, I did deny it, because I thought it could not stand with my Duty to send to my Lord Deputy a Letter to appear here, before I told the King of it. So there was some intention of a Cross Bill, but I never acquainted the King with it, nor heard more from Sir Pierce of it.
'My Lords, In the next place I shall declare my Opinion, as most of your Lordships have done.
' I am satisfied in my Conscience, my Lord Deputy did not strike him, only it was a shaking of the Cane; that maketh the very ground-work to be false. It was objected, if it did but hasten his Death an Hour, it was the occasion of his Death. I do not conceive it did either hasten it, or occasion it, and believe nothing that Atkins faith.
'Next place for the Statute in this Point; here is the spreading of a scandalous Rumour, to the prejudice of a Nobleman, this is a very great and grievous Crime. Then, my Lords, in this Cafe I look upon the Person of my Lord Deputy, as he is a Privy-Counsellor to the King, as well in this Kingdom as in Ireland. He is a Peer of this Kingdom, yea, a great Officer both in England and Ireland; Lord President of the North in England, and Lord Deputy of Ireland in Ireland: He is trusted by the King immediately under himself; though it be granted unto him by the Name of Lord Deputy, yet he hath both the Honour and Power of a Viceroy.
'Now, my Lords, I do observe in the Evidence of this Cause, that all the rest of the Privy Counsellors have a special Article in their Oaths, not to discover any thing that may reflect upon the Lord Deputy.
'Next thing, If a rumour of a Report be divulged, and a Man doth hear this commonly spoken, and he reports it, Whether this shall be a Crime in this Man? And I make no doubt of this but it is, for it is full within the Matter of the Act. If this shall be an Excuse to say, I spoke no more than what I heard, and heard it from this or that Man, the Consequence would be, that none possibly would be safe. Plainly, The Law of the Kingdom meaneth it to the meanest Subject in it, as to say to the poorest Man that he meeteth in the Streets, that it is reported that he hath committed Murder, &c. What shall he say? I did say no more than what was told me. This is no Defence for the meanest Subject the King hath, much less in this Case of so great a Minister of State. If one call another Thief, or Murderer, and he bring an Action, and if it be true he be guilty of the Fact, no Action will lie. But in Cases of Scandalum Magnatum it is otherwise. I find a Resolution in this Point in this Court, by the two Lord Chief Justices, Arundel's Case; That a Man hearing a Scandal of a Nobleman, and shall report this to another, although he do express his Author, yet he shall be punishable. If a Man of Quality shall say of one, That he is a Traitor, Felon, &c. or any scandalous Speeches, and say that he hath heard it of such a Man, this is no Justification; for when it cometh out of a more discreet Man's Mouth, the Scandal increaseth; for any Man to say he heard it, and name the Man of whom he heard it, he shall never justify it in an Action of the Cafe.
'Object. But here you may say was a Probability, and so it may be left with a Non liquet.
'Answ. But I conceive there is no manner of probability, much less a Non liquet.
26 Junii, 15 Carol. Regis, 1639.
'Lawrence Lord Esmond, and Sir Pierce Crosby Knight and Baronet, this day appeared at the Bar, in obedience to the Sentence of the Court, and made their several Acknowledgments, according as the Court had directed, being penned by the Judges. The like Acknowledgment did Marcus Chevers make at the Bar.
The Earl of Strafford's Letter to the King, concerning his shipping of 500 Irish to be put into Carlisle.
May it please your Sacred Majesty,
My last humbly presented your Majesty an account of putting five hundred Men aboard the Day appointed, and by this time I trust they have attained their Port.
This Letter is occasioned by another received from Mr. Secretary Windebank, and bears date the 23d of March. In this I find much for me to do, and something wherein to consult your Majesty's clearer Direction, lest I tread awry, or at least beside your Royal Intentions. Those fully understood in these, as in all other, I shall execute to my uttermost best.
Here inclosed is the Duplicate of my Letter to my Lord of Antrim; wherein I have to my Judgment complied with that, which in relation to his Lordship was appointed for me; to which only I have been bold to add unexpectance of my going down into that Province, howbeit not intending it, unless otherwise commanded, or upon some more pressing Occasion than God be praised yet appears.
The reason why I went so far, in regard I did believe the rumour of my coming so near him, would not amuse the Earl of Argile the less, or invite him sooner out of his own Country. Your Majesty's Pinnace the Confidence, is gone with the Regiment to St. Bees, to see your Men safely landed, together with another smaller Pinnace of Sir George Radcliff's and mine; they have both order to return hither with all diligence, only your Majesty's Pinnace is to attend at Beaumorris the Transportation of Mr. Serjeant Whitfield, and Mr. Fotherby, as was appointed for her, by direction sent me hither by Mr. Secretary.
Against their return Victuals shall be prepared for them, and putting forty Men upon our Pinnace, which carries five Saker, I will forthwith dispatch them for the North-East of Ireland, to beat it to and fro about the Head of Cantire and Dunbarton-Frith.
These two will, I am confident, be Masters of all the Scottisb Bottoms trading upon Air, Erwin, and Dunbarton; yet to leave all out of question, I shall in all diligence call Capt. Owen up hither with the Whelp, and direct him after them.
Mr. Secretary Windebank signifies your Majesty's Allowance, that if occasion offer, they may land and take what they can get from any Towns upon that Coast. I humbly desire, whether you will admit us to take as
many of their Barks at Sea as we can meet with; which doubtless will be much more easily and safely done, especially to destroy the Earl of Argile's Long-Boats, prepar'd as well to annoy us by some sudden Incursion, as to secure himself. I confess, where the greater is granted, it may reasonably be thought the less is implied.
But in a Business of such weight, I love not to take my Lesson without Book, and therefore most humbly crave your Majesty's Directions, express under your own Hands, in case it may seem so good unto your Majesty: Let me but clearly know what I am to do, and if I neglect my Duty in the Execution, let not only the Shame, but the Punishment light deservedly upon me.
I have already sent out my Directions to all the Troops and Companies garison'd in Ulster, requiring them to be ready to march out at five Days, to such Rendezvous as shall be appointed for them; and I will presently send unto the Foot their proportion of Musquets, in regard their Old are not so good as they should be, so as there will be 300 Men ready for the Relief of Dunbarton-Castle, or any other Service your Majesty may think fit to command them.
It doth not appear to me how your Majesty's Pleasure is those Men should be paid and victualled; but if your Majesty have not otherwise thought of it, upon your Majesty's Warrant, I will forth of this Revenue take order for both, without further trouble to your Majesty's Coffers, or Ministers on that side.
The fittest Person here to command them, as I think, will be Sir Robert Steward. I take his Affections to be good, and that he hath a better Stake here among us, than he is like to get in Scotland: Howbeit it befits me to consult your Majesty's Wisdom herein, and do as that shall ordain for me. Besides, his knowledge of the Country should, methinks, fit him better for the Service.
Lastly, It was writ me from good Hands out of England, That it was thought there your Majesty intends to go to Edinburgh, and to be present at their Parliament in Person. Sir, the reading of it went as cold to my Heart as Lead, and the Consequences of such an Assurance fright me to think of them.
But, I trust, God is not so angry with us, as to suffer your Majesty to be led into such apparent Danger, or by any perswasion to consent the trusting of so precious a Jewel in the custody of such, as (to my understanding) are so great Strangers to Honour or Morality.
Besides, if there were any such purpose, the publishing your Majesty's late Royal and Righteous Proclamation, manifesting your just Censure of those Disorders, and those late Directions to provoke them, and exasperating the Humour, by falling thus upon them with your Shipping on the North-West of Scotland, were, to my Apprehension, to fight against yourself Therefore, I beseech you, admit me, howbeit the meanest yet as faithful a Servant as any, to deprecate this Evil by all means.
For, as to my poor Judgment your Majesty hath no more to do this Summer, but to secure Berwick and Carlisle by strong Garisons; to exercise your Army in the knowledge of their Arms; prevent their Incursion into your Kingdom of England, and by all means to avoid Fighting this Year.
Thus much effected, will prove an excellent Work, as well in Judgment as in Consequence; and by the Blessing of Almighty God, infallibly bend those-Rebels to your Princely Will within a Year or two at most. God long preserve your Majesty.
most faithful, most humble
Subject and servant,.
Dublin, April 1. 1939.
Marquess Hamilton left by the King at London
When the King went towards York, he left Marquess Hamilton at Whitehall, to take care about the shipping of 5000 Men, and to hasten Northwards with the same as fast as he could.
They were to be commanded by three experienced Commanders, viz. Byron, Moreton, and Harecourt.
And on the second of April his Majesty writ this ensuing Letter to the Marquess.
'I received yours but this Morning, to which before I answer, I must tell you News. First, That Sir Jacob Astley has possessed Berwick with a thousand Foot and sixty Horse, and Carlisle is likewise possessed by my Lord Clifford with three hundred Men. Secondly, I have commanded Traquaire to keep his Chamber, until he give me an account how he left Dalkeith without striking one Stroak, and before any Cannon was brought before it, having left the Ammunition (not destroyed) to their Reverence, and likewise the Regalia: Of this more by the next.
'Now for Answer, I have given the Proclamation to be written by the Clerk Register, with the General Oath, both which you shall have with all speed. For your Military Oath, I like it extream well, as likewise your Opinion for detaining the Patents of Honour until the Country be settled.
York, April 2. 1639.
The same Day the Earl ofStrafford, Lord Deputy of Ireland, writ to his Majesty a Letter concerning the employing of Ships in Ireland to the North-West of Scotland, as followeth.
May it please your Sacred Majesty,
My Thoughts of this last Night, and this Mornings perusal of what I wrote Yesterday, moved me humbly to crave leave to express my self something more fully concerning that which I have in charge.
Mr. Secretary Windebanck signifies your Pleasure, to have the Ships of the North-West of Scotland by the sixteenth or twentieth of this month.
This circumstance of time we shall, I trust, be able to comply with, or very near it, God sending us the Winds favourable.
Next he writes, these upon the place, if they commit any spoil, or any other Act of Hostility, your Majesty will not dislike it.
Now before I come to the Time of the Execution, I beseech your Majesty take into consideration what the Advantage or Disadvantage may be to your other Affairs, to begin with them so early on this side.
The Advantages to my seeming are very small; the taking perchance of some inconsiderable Prey, some disquiet to the Covenanters, indeed so small, as shall rather serve to awaken them at Home, than divert them from assisting others of that Covenant elsewhere.
And as for the considerable Service it self to be done on that Coast, to wit, the taking and destroying of their Shipping; that is to be done as well, if not better, towards August than now.
On the other side, the Disadvantages are, to my apprehension, great and many.
If the War were with a Foreign Enemy, I should like well to have the first Blow; but being with your Majesty's own natural (howbeit rebellious) Subjects, it seems to me a tender point to draw Blood first; for till it come to that, all hope is not lost of Reconciliation; and I would not have them, with the least colour, impute it to your Majesty to have put all to extremity, till their own more than words enforce you to it.
It might provoke them to assault some part of England, at least to hinder the putting in of Men and Ammunition into Berwick and Carlisle, which as yet they have no colour for, but falls flat upon them as an open and inexcusable Rebellion, which shall to the World justify your Majesty as compelled, not only to take, but to use and turn your just Arms against them.
It will hasten upon Marquess Huntley, and the rest of your Majesty's Party there, and open a general Force, before they be so well set, I trust, both to defend themselves, and offend others, as hereafter they may be.
It shall precipitate the War sooner upon England, than at present were to be wished; and rendring the Covenanters despairing of your Majesty's Grace, thrust them consequently upon desperate Counsels, wherein they are the more to be apprehended, by how much less they have to lose.
Considering therefore, that the securing of Berwick and Carlisle, are the Pledges, under God's Goodness, of your Majesty's prosperous Success; methinks nothing should be done to provoke them till that were done: That it would be expected and tried for this Summer, whether their Fury might spend away upon it self, before your Majesty were compellable to distemper the Trade of your three Kingdoms, by falling thus upon their Shipping and Coast.
My most humble Opinion is, That the present employment for these Ships, should be only to move up and down on the North-West of Scotland, rather for securing, and encouraging the good Subjects on this side, than to attempt any thing of force against them, when our Gains to be expected by the contrary way are so small, but the Prejudices that may there-by fall upon your Majesty's Affairs so important and many: At least not to begin any Act of Hostility till August, for by that time the Season of the Year will secure both Kingdoms from an Invasion till the next Spring, by which time, I trust, we shall on all hands be readier to receive them than now I fear we are.
But now, Sir, I have done, and command what you please, in full assurance, to be as perfectly and chearfully obeyed by me,as by any Soul living. God long preferve your Majesty.
most faithful, most humble
Subject and Servant,
Dublin, April 2. 1639.
I most humbly beseech your Majesty's Direction, what we should do with the Mariners, or others of better Quality, we may chance to take Prisoners, incase your Majesty will have us to use present Force against their Persons and Goods.
His Majesty writ another Letter to the Marquess, That he hath not yet seen Traquaire his Defence; and that if he had not taken notice of his base Actions, he is sure it would have disheartned a number of honester Men than ever he was, or ever will be.
About two Days after the Earl of Traquaire presented a Paper in Writing to his Majesty, then at York, concerning the Business at Dalkeith, the Contents whereof was as followeth.
The Earl of Traquaire's Relation of the Surrender of Dalkeith to the Covenanters, delivered to his Majesty at York, in April 1639.
'At my last being at Court, amongst other Directions, your Majesty was pleased to give me order for drawing of Proclamations to be sent from this State, and for drawing of Commissions of Lieutenancy; concerning which, and some other Particulars then spoken of with the Marquess of Hamilton, your Majesty did require Sir Lewes Steward to repair to York. Your Majesty's Will likewise was, That some present Course should be thought upon for listing of some soldiers in Scotland, both of Foot and Horse; and to that effect did resolve, That all the Noblemen who were then at Court, should presently repair to Scotland, and that there might be some ready way for entertainment of those Soldiers your Majesty allowed me; besides the supply of Money which was to come from England, to coin all the Plate that was in the Abby, and withal to provide in store in Dalkeith all the Victual I could, which place I was hopeful might be sencible against sudden Invasion, where there was no Cannon.
'With these and other Directions I went home, and I believe your Majesty's self, nor yet those Noblemen who were privy to my Instructions, did apprehend any thing of that which I found at my return.
'After I came to Dalkeith, the next Morning I went towards Edinburgh, where by the way, I was advertised by a Friend, That as I loved my own self, I would not go to Edinburgh, for the Covenanting Rabble had resolved, upon my first appearance there, to make me fast: This coming from a sure Hand, made me so far change my Resolution, as instead of going directly to Edinburgh, I went to Hally-Rood-House, and about twelve of the Clock, advertised such of the Council as were in Town, to meet at the ordinary place of Meeting in the Tolboth of Edinburgh: But Sir John Hamilton, and some others of the Council, being acquainted with my return, came to me, and disswaded me altogether from thinking to enter Edinburgh, because the People (said they) are mightily incensed against me, and are all in Arms, and this Day are to besiege the Castle.
'And that same Day advertisement came to me to retire; and the next was the found of the Petard, which was soon after seconded by the noise of the Peoples Acclamations, upon the intaking of the Castle of Edinburgh.
'Hereupon I returned back and came to Dalkeith about eight of the Clock at Night, and with me Colonel Macheson, and took his Opinion concerning the fortifying of Dalkeith; who said, it might in a short time be made sencible against a sudden Assault, but not against Cannon; and considering that they were all Covenanters round about, it was not Tenable.
'I was presently advertised of the Resolution taken at their Table, both for apprehending of my Person, and taking in Dalkeith the next Day; my care was to have stollen away, and so have saved the Powder and Musquets that were in the House; which I endeavoured, and most of it was removed to several Places, as I could think most sitting. And before twelve a Clock at Night had gotten the most part of all put away; about which time, according to their former Resolution, there came towards Dalkeith betwixt three and fourscore Horsemen: And as I was returning from helping away some of the Powder, I had fallen into their Hands, if through the darkness of the Night I had not eschewed amongst the Houses of the Town.
'The next Morning as I came back to the House, the Covenanters sent two of their number to me, desiring that some of the Lords might speak with me; and being thus surprized, beyond expectation, I being no Soldier, nor expert in Military Capitulations, and being in this, as in every thing else, since the Marquess went from Scotland, left alone without the help either of Countenance or Advice of any; few or none daring so much as appear to give Advice in any thing might seem against these Covenanters, nor none so busy both publickly and privately to countenance them, and all their Actions, and flatter them by their Discourses, as those who are most busy at this time to inform against me.
'At our first Meeting, the Earl of Rothes, in the Name of the rest, began to represent to me the Reasons of their Procedures; where presently I interrupted him, and desired him to spare his pains, for I intended not to hear or hearken to any such purpose. His next was, Whether I would not willingly deliver up the House of Dalkeith to them. I told him, If it were a House sencible against Power or Force, they durst not offer to take it from me. They had now surprized me, and their own Folly would in the end surprize them, but I would keep the Gates fast, and if they durst presume to make them open in any violent way, I hoped e're long they should be made answer for this, and more But withal I told them, That the Crown and the Scepter lay there, wherewith if they should presume to meddle in any place where it was, it was more than ever Subject did, or could be answerable for. It was scornfully answered, That Daikeith was not a Place good enough for such Things, and therefore they would carry them to the Castle of Edinburgh, where they should be more carefully kept than they could be there. Hereupon I charged them, under all highest pains of Treason, not to dare to meddle with the Crown, Scepter, or Sword.
'As I was offering to retire, Rothes again urged one word more, which was, to require me, as he said he had done all the rest of the Subjects whom they could meet with, to declare my self, Whether I would come against my Religion and Native Country. My Answer was, I intend to make no Answer to such Propositions; but as I hoped never to be required to come against either, so I was most confident that whenever my Master should shew himself, I and with me, many honest Scots Hearts would shew themselves to vindicate his Sufferings, and curb their Insolencies. To this Rothes and Balmerino, as I remember, both replied at one time, That if I did declare my self in that manner, they would discharge with me, and thereafter I was to look to my self.
'Whereupon they, with four Companies of Musqueteers, (to one whereof Sir John Hay's Sister's Son, as I am informed, was Captain) conducted by Colonel Munro, and 500 Horsemen, (amongst which was Colonel Hamilton) went to the House, and finding the Gates shut, required my Under-Keeper to make open Gates; which he, according to the Direction given him,refusing,charging them of new, under all pains of Treason, to retire from the Gates, and not offer any violence to his Majesty's House: All this was done to make their Fault and Insolency appear the greater. Whereupon they scornfully answered, That the fear of all such Charges were long ago past, and with that put the Ladders to the Walls where the Stables are; and having climbed over the same, came to the inner Gate of the House, which they forced likewise, and so enter'd, and in great Joy and Triumph seiz'd the Regalia, Crown, Scepter, and Sword, and carried them away with all the Reverence they could show, and placed them in Edinburgh Castle.
Some few days after Traquaire had given this Narrative to the King at York, his Majesty thought sit to set him at Liberty from his Consinement: And shortly after his Majesty set at Liberty from the like Consinement, the Earl of Roxborough, whose Son the Lord Carr (or Kerr) turned to Monroe, and took part with the Covenanters against his Father's Will.
After the King had been a few days at York, there was great resort to Court of the Nobility and Gentry of the Northern Parts; and such as were Colonels of the Trained-Bands, expressed much forwardness to serve his Majesty in that Expedition, in defence of the Nation, if the Scots should invade.
Whilst his Majesty remain'd at York, the Earls of Newcastle andDarby came thither with two gallant Troops, and marched toward Berwick; which being at that time newly possess'd by the Earl of Essex and Sir Jacob Astley with Forces prevented Monroe, who was marching with Scots Forces to surprize that place.
Those English, who return'd from Berwick to the King then at York, also brought the News how the Nobility, Gentry, and Citizens of Edinburh, brought away the Crown, Sword, and Scepter from Dalkeith in State to Edinburgh, to be there safely kept, publickly making a Protestation of their Loyalty to their Prince, and expressing their Wishes, That it might be a perpetual Crown to the King and his Royal Issue.
Soon after came the Advertisement to the Court at York, that his Majesty's Castle at Dunbarton was also seized by the Covenanters, being a place of great Strength and great Advantage, in reference to the secure landing of the Irish Forces, design'd for those parts by the Lord Deputy of Ireland.
These Places of Strength being thus possessed, divers of the Nobility, Gentry, Bishops, and Clergy, Opposers of the Covenant, were constrained to fly their Country, and to repair to Newcastle for shelter.
And like Job's Messengers, news was also brought that the King's Forces, near Aberdeen, were beaten and dispers'd by Monroe, and Aberdeen taken, with great Store of Arms, Ammunition, and some Treasure which was sent thither to advance the Service of the King in those Parts.
It was observed at York that not any two of the Scotish Nation did agree in their Information concerning the Condition of the Scotish Army, and the Number of their Forces; some making them to be 30000, some 40000 at least; others said they were a most contemptible Army, not 10000, and not half of those well armed.
Upon the 5th of April the King writes to the Marquiss, That he will send him a Proclamation against the Rebels; yet thinks he shall alter that Clause in it, not to set prices upon the declar'd Rebels heads, until they have stood out some little time, which time is to be express'd in the same Proclamation; and desires to know of the Marquess when to send Devick unto him, and whether the King shall see him before he puts to Sea.
On the 7th of April, the King also wrote this short Letter to the Marquess, viz.
'I Send you herewith my Pleasure in a Proclamation to my Subjects of Scotland; and by this command you to use all sort of Hostility against all those who shall not submit themselves according to the Tenour of the same; for which this shall be your Warrant.
York, April 7. 1639.
Whilst the King was at York, the Privy-Council, sitting at London, were not wanting to promote the King's Service what they might in the Southern Parts; and to that purpose writ a Letter to such of the King's Subjects whom they conceived sit, for their Abilities, to lend the King Money; which Letter so written was to this effect following.
After our hearty Commendations, &c.
The King is gone in Person with an Army to resist the dangerous Rebellion in Scotland,that threatens the Peace and Safety of this Kingdom. All the Nobility, and many other Persons of Quality, do readily and dutifully assist him, some in their Persons, as others with considerable Sums of Mony; whereof we hereby give you notice, that you may also lay hold on this Occasion, to express your Fidelity and good Affection; and you shall do very well forthwith to signify your Resolution to this Board, from whence his Majesty shall understand the same. And so we bid you heartily farewel.
A List of the Names, as well of such Gentlemen as have paid Contributions into the Exchequer, towards his Majesty's Journey into the North, upon Letters from the Board; as of such who have promised, but not paid in their Contributions towards that Service; together with the particular Sums paid in, and promised by each.
The Names of such Gentlemen as have returned their Answers to the Lords Letters, by way of Excuse, or signifying that they have contributed by another way.
- Sir Fra. Knowles.
- Mr. John Fettiplace.
- Mr. John Parker.
- Mr. William Lenthall.
- Mr. Tanfield Vachell.
- Mr. Hen. Poole.
- Mr. Dolman.
- Mr. Hen. Martin.
- Sir Rich. Lucy Kt. and Baronet.
- Sir John Casar.
- Sir William Litton.
- Arthur Capell.
- Fra. Tavernour Esq;
- William Lemon.
A List of such Persons as have sent no Letters in Answer to the Lords, touching the said Contribution.
- Sir Edw. Yates.
- Sir Rich. Harrison.
- Sir John Bacchus.
- Sir Thomas Read
- Sir John Stonehouse.
- Sir Henry Lamborne.
- Mr. Dunch.
- Mr. Standen, Mort.
- Mr. George Palfrey.
- Mr. Lawrence Halstead.
- Mr. John Asbcomb.
- Sir Reynold Mobun.
- Sir John Trelawny.
- Sir Rich. Edgecombe.
- Sir Rich. Buller.
- Mr. Charles Trevantion.
- Mr. William Coriton.
- Mr. Rich. Erisey.
- Mr. John Trefuses.
- Mr. Nicholas Trefuses.
- Mr. Godolphin.
- Mr. Noy.
- Mr. Tho. Gawen.
- Mr. John Roe.
- Mr. Hugh Boscowen.
- Mr. Edw. Cosworth.
- Mr. Amb. Maningston.
- Sir Tho. Drew.
- Sir George Southcot.
- Sir Edw. Jewell.
- Sir John Specott.
- Sir Hen. Roswell.
- Mr. Henly of the King's Bench.
- Mr. Sainthill.
- Sir Sam. Rolls.
- Sir Rich. Revel.
- Mr. John David.
- Mr. Barth. Berry.
- Sir Geo. Norton.
- Sir Fra. Fulford.
- Sir Tho. Trenchard.
- Sir John Croke.
- Sir John Brane.
- Sir John Strode.
- Sir John Strangeways.
- Mr. Denzil Hollis.
- Mr. Hen. Drake.
- Mr. Gerard Napier.
- Mr. Will Cook.
- Mr. Roger Gallop.
- Mr. Hubbert Russey.
- Mr. Tregonnel.
- Mr. Walter Earl.
- Sir Peter Prideaux.
- Sir Edward Seymore.
- Sir Tho. Hele.
- Sir Gregory Norton.
- Sir Tho. Prideaux.
- Sir John Watts.
- Sir Edw. Alford.
- Henry Anderson.
- John Gulston.
- Arthur Poulter.
- John Gore.
- John Harrison.
- William Prisley.
- Ralph Sadler.
- Dr. Moore.
- Sir Simon Baskervile.
- Dr. Floud.
- Dr. Chamberline
- Dr. Reade.
- Dr. Chaddiman
- Dr. Gifford
- Dr. Wright
- Sir Edward Spencer.
- Sir Thomas Fowler.
- Sir Rob. Coke,
- Sir John Frankline.
- Sir Tho. Lake.
- Sir Hen. Spiller.
- Sir Will. Parkhurst.
- Sir Edw. Carre.
- Cornelius Holland.
- Capt. Pierce.
- Sir John Heydon.
- John Huxly Esq;
- Geo. Long Esq;
- Thomas Marsh Esq;
- Edw. Nowell Esq;
- Edward Roberts Esq;
- Sir Charles Pliddal.
- Sir Rob. Parkhurst.
- John Denham.
- Paynings Moore.
- John Fowles.
- Nicholas Stoughton.
- Thomas Bennet.
- John Combes.
- John Evelyn.
- Sir John Boteler.
- Sir John Jennings.
- Mr. Tho. Blunt.
- Sir Rob. Chester.
- Sir Thomas Dacres.
- Sir Hen. Wallop.
- Sir John Mills.
- Sir Rich. Morton.
- Sir Will. Lewis.
- Sir Edw. Dennis.
- Sir Tho. Hook.
- Sir –Worsley, Bar.
- Capt. Bad.
- Mr. Hunt.
- Mr. Jephtson.
- Sir Edw. Banister.
- Rob. Wallop Esq;
- Mr. Hen. Sands.
- Sir William Waller.
- Sir William Portman.
- Sir John Windham.
- Sir John Horner.
- Sir Fra. Doddington.
- Mr. John Sims.
- Mr. Abraham Burrel.
- Mr. Thomas Smith.
- Mr. Hodges.
- Sir Robert Gorge.
- Sir Fra. Baker.
- Sir Jo. Mallet.
- Mr. Anth. Socker.
- Sir Ralph Hopton.
- Sir Amb. Brown.
- Sir John James.
- Sir Fra. Howard.
- Sir Fra. Stidolph.
- Sir John Lenthall.
- Sir John Howland.
- Sir Tho. Evelyn.
- Sir William Elliot.
- Sir Henry Compton.
- Sir Tho. Pelham.
- Sir Will. Goring.
- Sir Tho. Sackvile.
- Sir John Leedes.
- Will. Foord.
- Sir John Parker
- Thomas Chowne Esq;
- Geo. Carthop Esq;
- Walter Bartlet Esq;
- Anth. Stapley Esq;
- James Rivers Esq;
- Anthony Fowle Esq;
- Will. White Esq;
- James Baker Esq;
- Harbret Hay Esq;
- Sir Edw. Bishop.
- Sir Lawrence Hide.
- Sir George Egliffe.
- Rob. Drew Esq;
- Grub Esq;
- Sir Hen. Ludlow
- Sir Tho. Thin, Mort.
- Mr. Grobham
- Sir Fra. Seimor
- Sir John St. John
- Sir Edward Hungerford
- Sir Nevil Pool
- Sir John Danvers
- Sir Walter Smith
- Sir Fra. Popham
- Sir William Button
- Sir John Earnly
- Sir Giles Escourt
- Sir Walter Vaughan.
A Proclamation, declaring his Majesty's Gracious Pleasure, touching sundry Grants, Licences, and Commissions, obtained upon untrue Surmises.
Whereas divers Grants, Licences, Privileges, and Commissions, have been procured from his Majesty, some under his Great Seal of England, and some others under his Privy Seal, Signet, or Sign Manual, upon Pretences that the same would tend to the common Good and Profit of his Subjects: which since upon experience have been found prejudicial, and inconvenient to his People, contrary to his Majesty's Gracious Intention in granting the same. And whereas also upon like Suggessions, there have been obtained from his Majesty, and the Lords, and others of his Privy Council, divers Warrants, and Letters of Assistance for the erecution of those Grants, Licences, Privileges, and Commissions, according to his Majesty's good Intention and Meaning therein. Forasmuch as his most excellent Majesty (whose Royal Care and Provivence is ever intentive on the publick Good of his People) both now discern that the particular Grants, Licences, and Commissions hereafter expressed, have been found in consequence far from these Grounds and Reasons whereupon they were founded, and in their execution have been not oriously abused, he is now pleased of his meer Grace and favour to all his Loving Subjects (with the Advice of his Privy Council) by his Regal Power to publish and declare the several Commissions and Licences hereafter following, whether the same have passed his Great Seal, Privy Seal, Signet, and Sign Manual, or any of them, to be from hence utterly void, revoked, and hereby determined; that is to say,
A Commission touching Cottages and Inmates.
A Commission touching Scriveners and Brokers.
A Commission for compounding with Dffenders touching Cobacco.
A Commission for compounding with Dffenders for transporting of Butter.
A Commission for compounding with Dffenders in the importing or using of Logwood.
A Commission to compound with Shariffs, and such as have been Sheriffs, for selling their Under Sheriffs Places.
A Commission for Compounding for Destruction of Woods in Ironworks.
A Commission for Concealments and Incroachments within twenty Miles of London.
A Licence to transport Sheep-Skins and Lamb-Skins.
A Commission to take Men bound to men bound to dress no Venison Pheasants, or partridges in Inns, Alehouses, Ordinaries, and Taverns.
A commission touching the licensing of the use of Wine Cask.
A commission for licensing of Brewers.
A license for the role transporting of lamperns.
And that all Proclamations, Warrants, or Letters of affiance for putting in execution any of the said commission or licences, be from henceforth declared to be void, determined, and hereby revoked to all intents and purposes.
And his Majesty in like favour and eafe of his subject, is farther pleased to declare his Royal will and pleasure to be,that the particular Grants hereafter mentioned(upon feigned suggestion obtained from him to publick damages) whether the same have passed his Majesty's Great seal, privy-seal, signet or sign manual, or any of them, shall not here after be put in execution, viz.
A grant for weighing bay and stram in London and Westminster, and three miles compals.
An office of registar to the commission for bankrupts in drivers counties of the Realm.
An office or grant for gaugging of Red-berrings.
An office or grant for the marking of Icon made within the Realm.
An office or grant for sealing of Bone-lace.
A Grant for marking and gauging of Butter Casks.
A Grant of priviledg touching help and sea weed.
A Grant for lealing of linnen-cloth.
A Grant for the gathering of Rags.
An office or grant of Factory for Scotish merchants.
An Office or grant for Serarchin and Sealing of Foreign hops.
An Office and Grant For the Sealing of Buttons.
All Grants of Fines Penalties, and forfetures before Judgment, granied or mentioned to be granted, by Letters Patents, Privy Seals, Signet, Sign Mannual, or otherwise.
All Patents for new inventions, not put in pradaile within three years next after the date of the said Grants.
And the several Grants of incorporation made unto Batband makers,Outfring-makers, spexacle-makers, Tomb-makers,Tobacco-Pipe-makers, Butchers and borners.
And his Majesty both furthure require and command, that there shall be Proceeding against the said Patentees up quo Warranto,or Scire facias, to recall the said grants and Petents,unlels them will voluntarily surrender and yeild up the fame.
And also all Proclamations, Warrants, or Letters of affiftance obtained from his Majesty, or the LOWS and others of his Privy-council for execution thereof. From henceforth utterip to ceafe and be determined, and are hereby absolulate revoked and recalled.
And his Majesty both further erptessy charge and command all or the angular the Patentees, Grantees, or others any ways interested, or claiming under the aforenamed Grants, Licences, or Commission, or any time hereafter to put in use or execution any of the said trants, Commissions, or Licences, or any thing therein contained, or any Proclamations, Warrants, or Letters of Assistance obtained in that behalf, upon pain of his Majesty's Indignation, and to be proceeded against as Contemners of his Majesty's Royal Commands, where of he will require a stcid account.
Given at our Manour at York, the 9th Day of April, in the 15th Year of our Reign; 1639.
This People were much satisfied with the Proclamation.
This Proclamation gave great Satisfaction to the King's Subjects in the North, and much more in the South: for there Projects and Monopolies had been grievous to the People, who cast out Words of an Indisposition to march in the Army whilst these Burdens were upon the People.
And now having this occasion to make mention of those Monopolies and Projects, so particularly enumerated in this Proclamation, we desire to look a few days beyond the time limited to this second part, and to let the Reader understand what an ill favour such Patents and Monopolies granted by the King, had amongst the People of better Rank, and which will best appear by a Speech made by Sir John Culpeper, of the County of Kent Knight, immediately after the beginning of the Parliament, which met the third of November; and in regard it proceeded from him, being a Person of very great Repute in his Country, and also who afterwards, during the late Wars, was with the King in Person at Oxford, we think fit to communicate a branch of his Speech, in reference to Monopolies, which the Author took with his Pen at large, as he spoke the same.
Sir John Culpeper his Speech in Parliament.
'I have but one Grievance more to offer unto you, but this one comprizeth many: It is a Nest of Wasps, or Swarm of Vermine, which have over-crept the Land, I mean the Monopolies and Pollers of the People; these, like the Frogs of Egypt, have gotten Possession of our Dwelling, and we have scarce a Room free from them. They sup in our Cup (fn. 1). They dip in our Dish (fn. 2). They sit by our Fire (fn. 3). We find them in the Dye-Fat, Wash-Bowl (fn. 4), and Powdering-Tub (fn. 5). They share with the Butler in his Box (fn. 6). They have Marked (fn. 7) and Sealed (fn. 7) us from Head to Foot. Mr. Speaker, they will not bate us a Pin (fn. 8). We may not buy our own Cloaths without their Brokage. These are the Leeches that have suckt the Common-Wealth so hard, that it is almost become hectical, And Mr. Speaker, some of these are ashamed of their right Names. They have a Vizard to hide the Brand made by that good Law in the last Parliament of King James; they shelter themselves under the Name of a Corporation; they make By-Laws which serve their turn to squeeze us, and fill their Purses: Unface these, and they will prove as bad Cards as any in the Pack. These are not Petty-Chapmen, but Whole-Sale-Men. Mr. Speaker, I have ecchoed to you the Crys of the Kingdom, I will tell you their Hopes, They look to Heaven for a Blessing upon this Parliament. They hang upon his Majesty's exemplary Piety and great Justice, which renders his Ear less open to the 'just Complaints of his Subjects; We have had lately in his Speech a Gracious Assurance of it. The other great Affairs of the Kingdom, and this our Grievance, of no less import, may go Hand in Hand, in Preparation and Resolution. Then by the Blessing of God, we shall return home with an Olive Branch in our Mouths, and full Confirmations of the Privileges, which we received from our Ancestors, and owe to our Posterity, which every free-born English Man hath received with the Air he breathed in.
These are our Hopes, these are our Prayers.
April the 10th the King writ to the Marquess to this Effect.
Concerning a Proclamation against the Scots.
'According to my Promise on Thursday last, I send 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 add the least thing to my former Promises. It is true that I neither mention the late pretended General Assembly at Glasgow, nor 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 do it themselves, be not too many. So that now you are to go on according to your former Directions, only proclaim 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,
The same Day the King writ again to the Marquess this following Letter.
'I have spoken with Henry Vane at full of all those things, and agree in all 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 possessing of Carlisle and Berwick hath made them so mad, they will enter in as soon as they can perswade an Army together, except they be hinder'd by some awful Diversion; wherefore I could with 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 Berwick, as soon as I may with either Honour or Safety; wherefore my Conclusion is, Go on a God's Name in your former Intentions, except I send you otherwise Word, or your self find some inevitable Necessity.
Your assured constant Friend,
York, April 10. 1639.
Postscript. 'I have sent you ten Blanks, whereof 'four be Signaturewise.
When the Lord Deputy understood that the Scots had taken Dunbarton Castle, he wrote this ensuing Letter of Advice to the King, dated April 15. 1639.
Lord Deputy Wentworth's Letter to the King concerning Dunbarion Castle.
May it please your Sacred Majesty,
Sir George Radcliff being to repair thither for a few Weeks, to settle the Payment for the Regiment sent hence to Carlisle, and some other private Matters concerning our selves, will attend your Majesty at York, and dispatch hither such Commands as you shall vouchsafe to honour me with; therefore I crave Directions in some Particulars, left when they happen, your Service may suffer for want of clear and good Instruction afore-hand.
In case any Scotish refuse to take the Oath of Abjuration, what is your Pleasure we should do with them? Shall we Lege Taliones here, as there, imprison the Parties delinquent? Seize their Lands and Holdings to your Majesty for the use of the Publick?
Whether a Proclamation might not be had, to command home to their Dwellings the Scotish that have Possessions in this Kingdom; and if they refuse, in like manner to seize their Estates, as it seems those Lordly Covenanters serve your true Subjects there: Such of that Nation, I mean, as are now residing, and of the rebellious Covenant.
Whether it be your Pleasure, that your Ships at sea take as many Scotish Vessels as they meet with; and how your Majesty appoints us to dispose of those ships, their Men and Lading?
Whether it were not good to keep as many of their Masters of Ships as we shall take, the more to disable them at sea, and we to have use of them as Pilots, in case there be occasion of Service on their Coast?
The Earl of Argile hath in Cantire twenty Boats for Transportation of Men: Whether your Majesty's Ships Shall endeavour to take or burn them?
Whether it be your Pleasure to cut off in present all Commerce betrvist the two Kingdoms, the Degrees and Cautions your Majesty shall ordain for us to observe therein?
Your Majesty's Castle of Dunbarton was extreamly ill lost, in my Opinion of greater Consequence by far (all duly considered) than the Castle of Edinburgh: therefore much more happy, had it been better secur'd, which by your shipping might hence have been easily effected, had your Majesty's desire thereof been early understood by us on this side: for by this means, in case Lesley prevail against M. Huntley, and the Town of Aberdeen, as the Report goes he hath, there is nothing left behind to stay them from breaking down into England this Summer, which is the only Danger I apprehend in the Business.
Hence it is that I could with no hostile Act had been done upon them this Summer, whereby to provoke; or give pretence to such an invasive Insolence; and that the stop of their Shipping had been respited till toward the beginning of September at least, and then, by the concurrence of your Ministers on both sides, executed on one Day through both Kingdoms.
But now looking upon things as they are, I do most humbly and earnestly beseech your Majesty to command, That Berwick and Carlisle be fortified in all Diligence, very powerful Garisons put into them, as well Horse as Foot; fill'd with all manner of Ammunition and Stores; Persons of Experience and Industry deputed to the Government of them; by all means possible to advance the number of your Majesty's Horse, which alone, with these two Towns at the back of the Rebels; will secure us from an Invasion this year, and to set a Resolution to spend the Summer in disciplining your Men, accustoming both Officer and Soldier to understand and do their several Duties, and not in any wife to hazard a Battel for the present; which by God's Blessing may infallibly be avoided, by strongly and commodiously intrenching your Army in some place of Advantage, so as it may secure Newcastle,and have both the Town and Sea to friend all Uses. And this I mention the rather, in regard Sir Francis Willoughby writes me word, he finds in the Place, where he is, much unreadiness in all things belonging to a War.
In this noble and safe posture your Majesty may look upon their Madness without opposing, till the strength of that Torrent be past: that gone, perchance God may yet give them the Grace to see their Sin, repent, and make Satisfaction, which of all other were most to be desired: But if otherwise their Hearts be disposed to mischief themselves (I trust) only, not the rest of your innocent and loyal Subject, the Winter comes on, gives time for new Counsels, which if it come to that Extremity, must be thoroughly and narrowly intended, indeed on all Hands;- Monies, and all other means, both of Defence and Offence, prepared with the first beginning of the Spring.
Your Majesty, I trust, will graciously interpret this Liberty of mine, thus to stray forth of my own Employment (which God knows, is more than sufficient to keep me in work) as proceeding merely from my Zeal to your person, and having no other Aspect than to your Service. God long preserve your Majesty.
most faithful, most humble
Subject and Servant
Fairwood-Park,April 15. 1639
York, April the 18th, at ten of the Clock at Night his Majesty writ this ensuing Letter to the Marquess.
'It is true I was content to hear your Advice concerning your going into the Frith, it being chiefly to shew Henry Vane that your Judgment went along as well as your Obedience: though I had a care ever to take off from you the envy of seeking of this particular Employment, taking it, as it is just, upon my own absolute 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 serious Debate upon your long Letter to Henry Vane, only with him and Arundel, (for I dare trust no other) we found no reason to alter my former Commands, but were more confirmed in the fitness of them: Only we have thought requisite to alter some things in the Proclamation, which you shall receive by the next Dispatch, at farthest within 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 thing So referring you to Henry Vane for the relating of your Proceedings here, I rest
Your assured constant Friend,
York, Apr. 18. 1639. 10 at night.
And the King in another Letter to the Marquess, dated April 23. writes to him, Not to think of the North, till his Majesty hath done some good in the South; to which end he will hasten to Berwick.
The King leaves York.
On the 29th of April the King took his Journey from York; but before his departure, he expressed himself how much Affection he had found from that County and City, saying, That he bad never found the like true Love from the City of London, to which Place he had given so many Marks of his Favour.
Comes to Raby from York.
His Majesty came the first Night to Raby Castle in the Bishoprick of Durham, a Castle belonging to Sir Henry Vane, Treasurer of his Majesty's Houshold, where he was nobly entertained.
From thence he went to Durham, where the Bishop, with great Expressions of Joy and Welcome, feasted his Majesty for some time. His Majesty staid in that County while the Horse and Foot, intended to be levied there, were raised and upon their March.
From thence he came to Newcastle, where, by the Mayor and Magistrates of that Town, he was most magnificently entertained: All the Town seemed but as one Man against the Scots in case of an Invasion. Mr. Alexander Davison then Mayor, and Thomas Riddell Esq; Town-Clerk, were then Knighted by the King. The Recorder at that time was a Knight, being Sir Thomas Riddell the Elder, and then living, which disposed the King to honour his Son with Knighthood.
The Lord Deputy having given an Oath to the Scots in Ireland whereby to testify their Allegiance to the King, thought fit to acquaint his Majesty therewith, by his Letter dated May 13.
May it please your Sacred Majesty,
By our joint Dispatch to Mr. Treasurer Vane, as by the particular Letter of my Lord of Antrim to your Majesty, will appear what bath been done in pursuance of the late Directions concerning the fitting of his Lordship for his Design against the Earl of Argile, and the Terms wherein it rests, until there may be an Ability to set it on foot with more probability, indeed possibility, than could be this Summer, which was so far spent, and his Lordship so far behind in his Preparations, as not to be recovered or right-stated before next Spring; no, albeit his Lordship had or could be provided of the Money be desires.
By my Letter to Mr. Secretary Cook, your Majesty will also find in what good Expressions those of the Scotish Nation have delivered themselves toward your Service, and their own Allegiance; and in troth, Sir, their manner was very chearful and hearty; and these being the Principal who have taken the Oath, it may be with confidence believed all the rest of meaner condition will follow their good Example.
Commissions are now issuing to take the Oath of all the rest; they shall be all under the Seal by the last of this Month; upon which day I have given order to half of the Horse-Troops and Foot-Companies to be at Knockfergus, their Rendezvous, intrusted the Master of the Ordnance with the Commandment of them. They are already on their March, and I my self am ready upon five Days Warning to follow them with the rest of the Army if there be occasion.
Those Forces I hasten the more, as those that will become the Business looking on, whilst that Caution of the Loyalty of the Scots to the Crown is to be taken, and at hand to correct any Misaccident that might fall forth in the accomplishment of that Service.
Besides, they being so near, and your Majesty's Ships on that Coast, will certainly give the Earl of Argile more to think of, and consider himself nearer home, than the raising of a Company of maked and unexperienced Irish-men by my Lord of Antrim: And to give it the bolder Countenance, it is generally believed on this side, that I my self will follow them with the rest of those Forces.
To the best of my discerning, all is set on this side in right Affections to your Royal Person and Affairs, and towards Obedience and Peace: which makes me judge, That if your Majesty had been faithfully and attentively served by your Ministers in Scotland, it had been impossible there could have been so general and desperate a Defection as now shews forth it self, even to the wonder and scandal of every honest Heart. God long Preserve your Majesty.
most faithful, most humble
Subject and Servant,
Dublin, May 13. 1639.
The Oath which the Lord Deputy gave to the Scots in Ireland was as followeth.
scots Oath in Ireland to abjure the Covenant.
In do faithfully swear, prosess, and promise, That I will honour and obey my Sobereign Lord King Charles, and will bear faith and true Allegiance unto him, and besend and maintain his Royal power and Authority; and that I will not bear Arms, or do any rebellious or hostile Act against any of his Royal Commands, but submit my self in all due Dhedience thereunto: And that I will not enter into any Covenant or Band of mutual Defence of Assistance against any person whatsoever by forces, without his majesty's Sobereign and Regal Authority. And I do renounce and abjure all Daths, Covenants, and Bands whatsoever, contrary to what I have herein sworn, prosessed, and promised. So help me God in Jesus Christ.
Commissions to minister the Oath of Abjuration.
By an Act of Council in Ireland it was ordained, That several Commissions should be issued forth under the Great Seal, to certain selected Persons named by the Deputy and Council, authorizing them to give the said Oath, &c.
Order of the Deputy and Council of Ireland, to impose an Oath on the Scots in Ireland.
Hereupon the Deputy and Council made an Act, To command all Persons of the Scotish Nation, of the Age of sixteen years and upwards, who inhabit, or have any Estate whatsoever, in Lands or Houses, within that Kingdom, upon pain of his Majesty's high Displeasure, and the severest Punishments that may be inflicted, according to the Laws of the Realm, upon the Contemners of Sovereign Authority, to take the Oath.
His Majesty signified his Pleasure to the Board, That the same Oath ordained by the Act of Council in Ireland, to be taken in that Kingdom by all the Persons of the Scotish Nation, shall in like manner be administer'd to, and taken by all and every Person and Persons of that Nation; as well those that have the Honour to be Servants to the King and Queen's Majesty, and to the Prince's Highness, and Duke of York, and all others whatsoever of the Age of sixteen Years and upwards, upon pain of his Majesty's high Displeasure.
At Whitehall, June 5. 1639.
- Lord Arch-Bishop of Canterbury.
- Lord Cottington.
- Lord Keeper.
- Mr. Comptroller.
- Lord Treasurer.
- Mr. Secretary Windebank.
- Lord Admiral.
Order for a Commission to minister an Oath to Scots Men.
'Whereas his Majesty hath commanded that an Oath formerly administred to all Scotish Men inhabiting within the Kingdom of Ireland, should be likewise administred to all Scotish Men within this Kingdom; It was thereupon this Day thought sit and ordered, That the Lord Keeper should be hereby prayed and required, to cause a Commission under the Great Seal to be forthwith issued unto the Lords and others of his Majesty's most Honourable Privy-Council, residing in or near about the Town; authorizing them, or any two or more of them, to administer the said Oath accordingly to all his Majesty's Subjects of Scotish Birth, being Servants to the King and Queen's Majesty, &c
At Whitehall, June 12. 1639.
A Letter to the Sheriffs of London and Middlesex.
'This shall be to Will and Require you to repair unto the Tower-Wharf on Friday Morning next, there to receive unto your Charge from Sir Henry Manwaring Kt. all such Persons here-under named, and to see them safely conveyed and delivered, according to the Directions of the ten several Warrants. So not doubting of your Care therein, &c.
|Lord Keeper,||Lord Cottington.|
|Lord Treasurer.||Lord Newburgh.|
|Earl of Suffolk.||Mr. Secretary Windebank.|
Scotish Men committed for refusing to take the Oath.
- Colonel John Monroe.
- Thomas Mitchel.
- Lieutenant Col. George Forbes.
- James Crooksbanck.
- Lieut. Col. Alexander Bartley.
- Fr. Forbes.
- Lieut. Col. John Kenemouth.
- Henry Browne.
- David Bartley.
- John Cunningham.
- George Mackeinee.
- David Hunter.
- George Forbes.
- George Hunter.
- Gilbert Blane.
- Arthur Forbes.
- David Trile.
- Alexander Dunn.
- Adam Campbell.
- John Defeos.
- Gilbert Campbell.
- Lieut. Col. Mills.
- Alexander Herriot.
- Capt. Carr.
- George Hay.
- David Donalsdon.
- Henry Benson.
- Alexander Dixon.
- John Browne.
- George Buchanan.
- Lawrence Swethman.
- John Sibett.
- Robert Humsden.
- David Belly.
- John Juins.
- William Admiston.
- Lieut. Harvey.
- Andrew Ramsey.
- Patrick Kircaldy.
- Alexander Wollace.
- David Kennedy.
- John Graunt.
May the 17th the King wrote to the Marquess, not to fight till the King was come upon the Borders.
'I have kept this honest Bearer the longer, that I may with the more assurance give you my Directions what to do; 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 go on until I be in 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 do good, thereby to make a Diversion. In the mean time I like well, That you go on upon the ground of Treaty you sent a Note of to Master Treasarer, (which you will find I have under-written) 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,
Newcastle, May 17. 1639.
May 22: The King wrote to the Marquess from Newcastle, That Rumours came so thick of the great Forces that the Rebels mean very shortly to bring upon his Majesty, and that he thought fit to advertise him therewith, that he might be ready, upon the first notice, to land at the Holy-Island.
Shortly after two Regiments commanded by Moreton and Harecourt were dispatched away, and landed at Berwick, the 29th of May.
The King marches at the Head of his Army.
The King drawing near with his Army towards Berwick, the Lord General caused the Army to be drawn up in Battalia, and then the King took a view of that gallant Army, as by the following List it doth appear to be, and marched on the head of them towards the River Tweed, which parteth England and Scotland; and near to that River, two miles West from Berwick, at a place called the Birks, the King pitched his Tent within a large Pavilion, and encamped there. The Nobility, and the King's Houshold-Servants, Bed-Chamber-Men, Privy-Chamber-Men, &c pitched their Tents near to the King.
A List of the Regiments and Bands of Foot, which Served his Majesty in this Expedition into the Northern Parts, viz.
Besides the Foot-Companies under the Lord Marquess Hamilton, and the two Garisons at Berwick and Carlisle.
The Charge of the Train of Artillery in four Months, did amount to 5800l.
A List of the Troops of Horse, and Companies of Dragoons, which served his Majesty in this Expedition into the Northern Parts, 1639. Viz.
May 29. Soon after his Majesty's coming to the Camp at Berwick, he received this Letter from Marquess Hamilton.
Marquess Hamilton's Letter to the King May 29.
Most Sacred Majesty,
'Every Day may produce new Counsels, and if I alter in them, impute it not to fickleness, but to the reality of my Intentions to your Majesty's Service, that writes what I think.
'Hearing for certain that the Covenanters have given Obedience to your Majesty's last Proclamation, and will not come within ten miles of the Borders, there is now no more doubt to be made, but that you will be so fast in your Leagues, that it will not be in their power to do the least affront to your Army. So as my farther Treaty in these Parts where I am, is to no end, since that is effected which was only labour'd for, your Majesty being in Security. So I conceive it will now be time to speak other Language than hitherto hath been done, and they to be enjoined a total Obedience to your just Commands. This will be best put in execution by your own immediate Directions, you being now so near the Rebels; for if your Pleasure should be sent to me, the Winds being uncertain, and I more uncertain how to put the same in execution, (I mean, if they be Commands of Treaty) your Service might receive prejudice by delays; and to deal really with your Majesty (which I humbly desire your Majesty to pardon me for expressing) I have no desire at all to be employed in Treaty with this People, for many Reasons; Amongst which this is not one of the least, That as I hear the Earl of Traquaire and Southesk are desirous to have leave to come to me, which (whatsoever course your Majesty shall be pleased to take) I beseech you not to grant; for the effects of their coming to me, will produce no great good to your Service, and prove infinitely prejudicial to me; for so unhappy am I still, that if by the Faults of others your Service miscarrieth, the Fault is still laid on me by those whom I have not deserved it from.
'Notwithstanding my averseness of farther Treaty, I have not refused as yet to admit any that shall be sent with their Petitions; but this I only do till the return of Sir James, by whom I expect the fignification of your Majesty's Pleasure: In the interim, if any desires of theirs be sent me, my Answers shall be such as your Majesty shall be no ways engaged by them.
'I have writ of some other Particulars to Mr. Treasurer, so your Majesty shall be no more for the present troubled by
most loyal Subject, and
From aboard the Rainbow in Leith-Road, May 29, at 7 morning, 1639.
The Lord Deputy understanding his Majesty was on his March, in order to encamp himself and Army, offers his Advice in that Particular, by a Letter dated May 30.
Lord Deputy's Letter of Advice to the King to encamp his Army.
May it please your Majesty,
'Having given so particular an Answer to what Mr. Treasurer Vane wtote unto me from your Majesty, this may well be of less pain in the reading, craving leave to refer my self thereunto.
'The Commissions for taking the Oath of Abjuration from all of the Scotish Nation on this side, are already under Seal, and shall be sped with all possible care and diligence, not doubting but they will produce the Effect desired and expected.
'Sir Henry Bruce came hither this week, and hath already his dispatch toward my Lord of Antrim. In truth he seems to be a very fair conditioned Gentleman, and knowing in his Profession; and there is need he be so, for he will not find among all that Earl employs, one other that doth therein understand any thing at all.
'We hear now and then, that they intend to beat, to bang, to conquer; but the way how, the means wherewith they should make themselves as good as their word, as yet appears not to the Ministers of this State; nor can I find, by the discourse I have had with him, that Sir Henry Bruce hath hitherto any great opinion or belief in the design of the Earl, or his Party.
'These Lines will have the honour to be delivered to your Majesty in the Camp Royal: God Almighty fight for you, and with your Battalions; and admit the liberty humbly to beseech your Majesty,
'To intrench your Army with all possible strength and diligence, that so you may not be constrained to any thing above your liking by the Enemy; and that the place be so chosen, wherein you may both have the Sea to friend, and a safe and free Passage betwixt your Majesty's Camp and Berwick; for by this means you shall not only secure your Person, but the Kingdom of England from any sudden and desperate fury of the Rebels, being that which they only can endanger either the one or the other by.
'Next; Not to provoke them by any offensive Act to break in upon their Neighbours this Summer, till it be the end of August, keeping all quiet as possibly may be till then.
'Indeed, I conceive strengthning your Horse all that possibly you may the whilst, by the beginning of September, if no other sense of their own Transgressions, and your Majesty's Clemency, shall be able to perswade them into their Duty, you may with great success suddenly march up all your Horse as far as Edrnburgh, and spoiling and burning all the Corn of their Champian Country, and taking from them all their Shipping, Fishing and Commerce, leave them to fight it out for the rest of the Winter among themselves with cleanness of Teeth, when a strong Garison at Berwick, and the very instant season of the Year shall move them, whether they will or no, to keep near their own Fires side.
'And Lastly, Your Majesty to give order to secure Carlisle, by putting 1500 Men more into the Town; 500 Men being too small a number to make it good against an Enemy; however, not to divide those 500 Men at least, as lately they were, one hundred of them being taken forth of the Town to defend Bencastle, and another hundred to the guarding of another Castle, being places of no strength or consequence, and which an Enemy would scarcely ever think upon, unless incited thereunto out of a hope to have Execution of those two Companies, so seperated from the rest of the Regiment. God long preserve your Majesty.
most faithful, most humble
Subject and Servant,
Dublin, May 30. 1639.
May 30; The Earl of Newcastle marches with the Prince's Troops into Berwick.
Thursday, the King goes to Berwick, to see in what posture that Garison was, and what Provisions was laid in there for the same, and the same day the Earl of Newcastle marched with his Troop, carrying the Prince's Colours, into Berwick, and sent out Parties to scout upon the Scots Borders; his Troop consisted all of Gentlemen, most of them of very good Estates and Fortunes, some of 2000/. 1500/. 1000/. and 500/. per Annum, and the rest of good annual Revenue; all gallantly mounted and armed, and well attended, with their own Servants well mounted; for the maintaining of which Troop the King was put to no Charge at all.
The Earl of Holland marches with 2000 Horseto Dunslaw; The Earl of Newcastle takes off his Colours from his Staff.
The same day the King had Intelligence, that General Lesley with about 6000 of the Scotish Army were quartered at Dunce, a Town about seven miles distant from the English Camp, and the day following, May 31. commanded the Earl of Holland, General of the Horse, to march with 2000 Horse into Scotland, and take his Advantage upon the Enemy. Accordingly the Earl marched, but the Enemy (having better Intelligence of our Motions and Intentions, than we had of their Quarters) was not to be found; upon the coming of our Forces into the Town the People cried, God bless the King, and that they were all his Majesty's obedient Subjects, and readily brought forth their Scots-Ale, and what they had, to bid the English Welcome, and so the Earl having read the King's Proclamation, returned back to the Camp. This Passage was observable in that March, that the Earl of Holland put the Prince's Colours, commanded by the Earl of Newcastle, in the Rear, which so offended the Earl of Newcastle, and that Troop, as his Lordship commanded Cornet Edward Gray (Brother to the Lord Gray of Wark) to take the Colours from off the Staff, yet marched in order without Colours, which afterwards produced a Challenge, of which more in another place.
Bartue Lord Willoughby, Earl of Lindsey, was that day made Governor of Berwick, Sir Michel Earnley, an experienced Commander, had the Command of that Garrison till the King came that day in Person to Berwick.
Now having setled the King and his Land Forces in the Camp, give the Author leave a little ro revert in point of time, to give a brief account of the Forces sent by Sea under Marquess Hamilton, against the Scots from the time the Marquess entred the Frith with his Fleet.
Marquess Hamilton entred the Frith, an Arm of the Sea, and cast Anchor in Leith-Road: but as soon as he came thither, Beacons were set on Fire upon all the Hills, to alarm the Country to rise and get together for the defence of the Frith on both sides, and to prevent the landing of Forces; but the Marquess's Orders were in the first place to get the Proclamation published, to which purpose he sent a Letter to Clerk of the Council, then at Edinburgh, to come to him: but the Clerk returned answer, That he was kept by force from coming to wait upon him.
The Marquess landed his Forces on Inchkeith and Inchkome, two little Islands in the Frith, and the Wells being out of order, he caused them to be cleansed for the relief of his Soldiers, and exercised those raw Men that were sent unto him, but the Small-Pox sell among them and many died.
Three days after his former Message to the Magistrates of Edinburgh, he sent one ashore, with his Majesty's Proclamation inclosed in a Letter to them, commanding them to pubilsh it the next day in due form, under all pains; and sent another Proclamation to the Clerk of the Council, commanding him to see it published, or if that were not done, to affix it at the Cross. But the Magistrates desired a delay of three days, to which he yeilded, because he would have the eight days fully past which were prefixed for People to come in upon the Proclamation, which was to expire on the 9th of May.
About which time his Majesty writ this Letter to the Marquess.
May 8. His Majesty writ this Letter from Newcastle to the Marquess.
'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 only name Tentallon and Sterlin, (if that be not too far off to be relieved): as for Tentallon, I shall command the Marquess of Douglas 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,
Newcastle, May 8. 1639.
'On the 9th of May the Marquess received this following Letter, signified by about forty of the chief Lords and Gentlemen Covenanters, shewing how this Proclamation was against Law.
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 Bayliffs and Council of this City, with the Copy of theirs returned to your Grace, deferring the more full Answer till our meeting. And withal there was presented from your Grace his Majesty's Proclamation, which having perused, we find it doth contain divers points not only 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 only 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 published at the Market-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 Justice Court, after Citation and lawful Probation; how much less of the whole Peers and Body of the Kingdom, without either Court-proof or Trial. And albeit we do heartily and humbly acknowledge and prosess all dutiful and civil Obedience to his Majesty, as our Dread and Gracious Sovereign; 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 Ruin upon our selves and our Posterity; whereby we are perswaded, that it did never proceed from his Majesty, 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 dis-join us from his Majesty, and among our selves, as the Rupture, 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 Majesty's coming to York (as before) whereby his Majesty's Ear might be made patent to our just Informations, but have used the help (to our last Remonstrance) of the Lord Gray, the Justice-Clerk, the Treasurer, and the Lord Daliel, 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; and now understanding, by the sight of your Grace's Letter, That your Grace, as his Majesty's High Commissioner, 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 judgment we are perswaded) That there is no way so ready and assured to settle and compose all Affairs, as by holding of a Parliament according to his Majesty's Indiction, either by his Sacred Majesty in Person, (which is our chiefest desire) or by your Grace, as his Majesty's Commissioner, at the time appointed; wherein your Grace shall find our Carriage most humble, loyal, and dutiful to our Sovereign, or to your Grace, as representing his Majesty's Person; and in the mean time. That your Grace would open a safe way, whereby our Supplications and Informations may have access to his Majesty's Ears: And we are fully perswaded, 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 the World, that our Enemies are Traitors to the King, to the Church and State; and that we are, and ever have been, his Majesty's loyal and obedient Subjects. So we rest
Your Grace's humble Servants,
Edinburgh, May 9. 1639.
And about thirty Commissioners for Shires and Boroughs.
To this Letter the Marquess wrote the following Answer next day, directing it to the Earl of Rothes.
'I received a Letter yesterday morning, signed by your Lordship and divers Noblemen and others, wherein you alledge you are come to attend the Parliament; but considering your Preparation and Equipage, it appears rather to fight a Battel, than to hold a civil Conversation for the good of the Church and Common-Wealth. You may perceive by his Majesty's 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 do it, and for that end exprest therein what was sit to be done. But these courses which you take, and your disobedience to his just Commands, daily more and more shewed, will necessitate 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 do; and accordingly my deportment hath been, which hath been met with that Retribution, as if I had met with the greatest Enemy. But your refusing to publish his Majesty's 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 cannot be ignorant that your Carriage hath forced many of these principal Counsellors, 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 Writings, but what is warranted by Mr. Alexander Henderson, and one Mr. Archibald Johnston. Neither was the Clerk of the Council, whom I sent for twice to give him Directions in this Business, permitted to come aboard to me; upon conference with whom (for any thing you know) I might have resolved to come ashore and convened a Council for the publication thereof 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 Majesty's Ears; it is a Work of no difficulty, for his Majesty hath never stopt his Ears to the Supplications of any of his Subjects, when they have bin presented to him in that humble and sitting 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 Allegation of not being heard, is grounded upon the same false Foundations that your other Actions are, and serves only for a means to delude the simple People, 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 generally lamented by all his Majesty's good Subjects, so it is more particularly by me, who have had the Honour to be imployed in this Business with so bad success.
Your humble Servant,
On the 13th of May the Marquess received the following Letter, signed, but not written by the Earl of Rothes.
Please your Grace.
'I should have bin far better contented to have seen you here at the Parliament with his Majesty, or holding that indicted as his Majesty's Commissioner, than with 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 Grace's Oath and Promise, that you should never come in any chief Command 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 Invasion threatned in the West, do sufficiently warrant our Preparations to defend these Places, and divert such Dangers. That Proclamation that is said to carry 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 Majesty's own Gracious Disposition. I cannot stand here to answer all these misconceived Particulars contained in your Grace's 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 bin 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; from which both a great deal of Blame from Men, and Judgment from above shall attend you as the special Instrument, which I with you labour to evite. If our Destruction be intended, we are confident in that Majesty who owns this Cause, and is able to defend it; and if only Terrors to fright, and prepare us to accept of any Conditions will be offered; that Intention is already as far disappointed, as any of these many former: but as we are ready to defend, so ever to insist in supplicating, in 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 disburthern myself, surcharged with grief at your Proceedings, being most desirous (as I have bin formerly) to have all these Occasions removed, that may divert me from being still,
Your Grace's humble Servant,
On the 17th of May, the Marquess return'd the following Answer to the former Letter from the Lord Rothes.
The Marquiss's Answer, May 17.
'I have received your Lordship's Letter, signed by you, but I cannot conceive it of your Lordship's indicting; 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 Master's Feet: and that I would prove an Enemy, to the uttermost of my power, to this Kingdom, if my Countrymen continue in their Obstinacy: And here I set it under my hand, That I will (by God's 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 employed against such in this Country as were disobedient, but that his Majesty might have found many more able to have served him; but since he hath bin pleased to trust me, I will not deceive him.
'You pass by many Particulars in your Answer to my Letter untouched, saying, 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 Justification, it is the same which you have ever used, and so continue; but the best is, none that were ever 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 Remedy. If I do, none can blame my Master: for that can never be called Violence, which is only to suppress Rebellion: and if I proceed to execute his Commands therein, you are the Causers of it. As Mr. Borthwick told me, I expected to have heard further from you before 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 Majesty's just Commands. And this is the Prayer of him, that wisheth it may be still lawful for him to call himself
Your Lordship's humble Servant,
From on board the
Rainbow, May 17. 1639.
The Lord Lindsey comes on board the Marquess.
A little after the Lord Lindsey, Brother-in-Law to the Marquess, came a-board the Marquess, who told him, They would sooner lay down their Lives than depart from what they had done; and that their Army consisted of 25000 Men. After some Discourse, Devic and several Persons of Quality being present all the while, the Marquess dismissed him.
And hereupon the Marquess informed the King, That beside 25000 Men which were marching upon the Borders, there were 20000 Men on both sides of the Frith to give stop to his landing; and withal advised the King, That the three Regiments which he had, consisting of 5000 Men, were not sussicient to secure his landing, and to march into the Country; and so prayed to have some Regiments sent him from the Army.
Having given a brief account of the Forces at Sea, we return again to the Army at Land, and the Proceedings at the Camp.
On Sunday, June 2. there was a great resort to Court at the King's Pavilion in the Camp, of the Nobility, Gentry, and Commanders of the Army: a Council of War was then called, to whom information was given, That the Scots were in their Quarters at Kelsey, being about 1500 Men, and about six miles distance.
The Earl of Holland with 2000 Horse again enters Scotland.
The Debate produced a Resolution of Action; and the next day, being Monday, June 3 the Earl of Holland, with 2000 Horse and 2000 Foot, marched again into Scotland over the River Tweed near Twisle, (a Town belonging to Sir William Selby) to fall upon the Scots who were at Kelsey. That day proved sultry hot, the like not known in the memory of Man, the Foot (though somewhat refreshed by wading through the River Tweed) were not able to reach the Horse, already advanced within sight of the Enemy, being in the Rear two or three miles. The Scots sent a Trumpeter to know who they were that came in that warlike Posture into their Nation; and a Body of Horse came forward at a distance after the Trumpeter; their Foot also, who had bin covered by Hedges, and some little Hills, appeared unexpectedly on both sides of the English Horse, being about 4000, who came the night before into Kelsey. Whereupon the General of the Horse consulting with Sir Jacob Astley, Lord Goring, &c and divers other of his Officers, advised him to retreat, holding it not wisdom to engage with Horse alone, against Horse and Foot, in a place of so much disadvantage to the English Horse; and so the General of the Horse returned to the Camp. But these unsuccessful Attempts at Dunce and Kelsey, gave great discouragement to the King's Army; and the voice of the private Soldiers was, now let us all march and be in Action, rather than to lie in the Fields, want Provisions, and contract Diseases.
Now for a more particular Account of this Business at Kelsey, cast your Eye on this following Letter, written at that time by Sir Henry Vane to Marquess Hamilton, dated the 4th of June.
Sir H. Vane's Letter to Marquess Hamilton concerning the march to Kelsey.
'By the Dispatch Sir James Hamilton brought your Lordship from his Majesty's Sacred Pen, you were left at your liberty to commit any Act of Hostility upon the Rebels, when your Lordship should find it most opportune. Since which my Lord Holland with 1000 Horse and 3000 Foot marched towards Kelsey, himself advanced towards them with the Horse (leaving the Foot three miles behind) to a place called Maxwellheugh, a height above Kelsey; 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 bin. He thereupon sent a Trumpet, commanding them to retreat, according to what they had promised by the Proclamation. They asked whose Trumpet he was? He said, My Lord Holland's. Their Answer was, He were best to be gone. And so my Lord Holland made his Retreat, and waited on his Majesty this night to give him this Account.
'This morning Advertisement is brought his Majesty, That Lesley with 12000 Men is at Corkburn-Spath, that 5000 Men will be this night or to morrow at Dunce, 6000 at Kelsey; so his Majesty's Opinion is, with many of his Council, to keep himself upon a Defensive, and make himself here as fast as he can: for his Majesty doth now clearly see, and is fully satisfied in his own Judgment, that what passed in the (fn. 9) Gallery, betwixt his Majesty, your Lordship, and my Self, hath bin but too much verified on this occasion. 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 sit to be taken, as the Affairs now hold. And so wishing your Lordship a speedy Passage, I rest
most humble Servant,
and faithful Friend,
From the Camp at
4th of June, 1639.
To which his Majesty added this 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 which is here written, I have directed, seen, and approved.
It is to be observed, That before the Lord General of the Horse marched to Dunce in Scotland, the Scots had engaged themselves unto the King, that they would not march with their Army within ten miles of the Borders of England, they supposing that his Majesty did not intend to enter into Scotland with his Army; but upon the said march of the Earl of Holland to Dunce, General Lesley thought him self obliged to march nearer the Borders of England, and thereupon advanced with five or six thousand Men to Kelsey, which the General of the Horse found there, when he entred the second time into Scotland.
The King takes a view of the Muster of his own Guards; The Scotish Army in fight of the King before he had notice; The Scoutmaster questioned.
Wednesday, June 4. The King commanded all the Nobles, Gentry, and Retinue of his own Person, to appear in Arms, who were countenanced with his Majesty's Presence; this was a gallant show. They were no sooner dismounted, and had sent their Horses to their several Quarters, but the Camp received an Alarm, that the Enemy was upon them; which Alarm caused a confused riding and hurrying up and down the Camp, and seemed to strike an Amazement into those Spirits, otherwise undaunted at other times, it coming so sudden and unexpected. The Party that brought the Alarm was Sir John Biron, who went immediately into the Pavilion, shewed his Majesty the Enemy marching and the Colours flying as he apprehended; but the King came out of his Pavilion, and took his Prospective Glass, and went near the River side, and discerned the whole Body of the Scots Army on this side Dunce-hill: many of the Nobility and Gentry being about the King, said, They could discern the Colours to advance; to which the King replied, (with a Court Oath) They were mistaken, for they had already pitched their Tents, and their Colours were all fixed upon the Ground, and that the Army seemed to be encamped. Have not I (said the King) good Intelligence, that the Rebels can march with their Army, and encamp within sight of mine, and I not have a word of it till the Body of their Army give the Alarm? Presently hereupon the Lord General the Earl of Arundel, was sent for to the King; The Scout-Master was much exclaimed against, and he complained as much of the Soldiers who were sent out as Scouts, and gave him no timely intelligence. But in the Opinion of the Court and Commanders, the Scout-Master General bore the blame; and his Crime was aggravated, because he was a Papist.
The Lord General made this Reply to those Nobles that accused the Scout-Master, That he made choice of him, (by Name Roger Widdrington Esq;) as the fittest Man in England for the Office of Scout-Master, being born in that County of Northumberland, and one best acquainted with all the Highland-men upon the Borders of Scotland, and who was best able, of any Man he knew in England, to gain Intelligence from thence; and that it was notoriously known, he was a Gentleman that ever bore a perfect hatred to the Scots, and was a stout active Man upon Border-Service in the time of Queen Elizabeth; that he was a Person of Quality, and he doubted not of his Integrity, and that he would justify himself.
In conclusion, this Business was husht up, but great was the murmuring of the Private Soldiers in the Camp; and now the Army that was so forward to engage before, seemed more indifferent, complaining of ill-Provisions, that the Bisket was mouldy, that they could get no drink to the Camp; only Sir William Savil had carefully provided for his Regiment more than the whole Camp besides; no supply was there to be got out of Scotland, but a few Lambs were brought and sold in the Army, and Northumberland was not able to victual the tenth part of the Army; and the Garison of Berwick was so numerous, that they could not bake and brew to supply themselves alone.
While the Army was in this Consternation of Mind, on Thursday, June the 6th, there was again great resort to the Court at the King's Pavilion, to understand what the Council of War, then met, would resolve upon; and while they were in debate what Resolutions to take, in came a Trumpeter with the Earl of Dumfermling, who brought a Petition to the King's Majesty in these words.
To the King's most Excellent Majesty,
The humble Petition of his Majesty's Subjects of Scotland.
'That whereas the former Means used by us have not yet bin effectual for receiving your Majesty's Favour, and the Peace of this your Native Kingdom, We fall down again at your Majesty's Feet, most humbly supplicating, That your Majesty would be graciously pleased to appoint some few of the many worthy Men of your Majesty's Kingdom of England, who are well-affected to the True Religion, and our Common Peace, to hear, by some of us, of the same Affection, our humble Desires, and to make known unto us your Majesty's gracious Pleasure: That as by the Providence of God we are here joined in one Island, under one King; so by your Majesty's great Wisdom and tender Care, all Mistakings may be speedily removed, and the two Kingdoms may be kept in Peace and Happiness under your Majesty's long and prosperous Reign. For the which we shall never cease to pray, as becometh your Majesty's most faithful Subjects.
Unto which Petition, his Majesty commanded Mr. Secretary Cook to subscribe the Answer following.
The King's Majesty having read and considered the humble Supplication presented unto him by the Earl of Dumfermling, commanded Sir Edward Verney, Knight-Marshal, to return with the Messenger this Answer.
That whereas his Majesty hath published a Gracious Proclamation to all his Subjects of Scotland, whereby he hath given them full assurance of the free enjoying both of the Religion and Laws of that Kingdom; as likewise a free Pardon, upon their humble and dutiful Dhedience. Which Proclamation hath been hitherto hundred to be published to most of his Majesty's Subjects; therefore his Majesty requireth, for the full information and Satisfaction of them, that the said Proclamation be publickly read. That being done, his Majesty will be graciously pleased to hear any humble Supplication of his Subjects.
Signed, John Cooke.
According to which Answer, Sir Edmond Verney, Knight-Marshal, was sent with the foresaid Earl to the Scotisb Camp, there to see his Majesty's said Proclamation proclaimed.
June the 7th, being Friday, the Earl of Dumfermling, with the Knight-Marshal, returned to his Majesty, being then in his Camp at the Birks, with notice, That the foresaid Proclamation had bin proclaimed in the Scotisb Army; and brought with him a Petition of the same Tenor with the former, humbly beseeching his Majesty to vouchsafe them a Gracious Answer.
June the 8th, being Saturday, his Majesty caused Mr. Secretary Cooke to answer the Petition in manner following, viz.
His Majesty having understood of the Dbedience of the Petitioners in reading his Proclamation, as was commanded them, is graciously pleased so far to condescend unto their Petition, as to admit some of them to repair to his Majesty's Camp upon Monday next, at eight of the Clock in the Morning, at the Lord Generals Tent; where they shall find six Persons of honour and Trust appointed by his Majesty to hear their humble Desires.
The six Persons designed to meet with the said Scotisb Deputies, were, The Lord General, the Earl of Essex Lieutenant-General, the Earl of Holland General of the Horse, the Earls of Salisbury and Berkshire, and Mr. Secretary Cooke.
June the 9th, being Sunday, the foresaid Earl of Dumfermling returned to his Majesty from the Lords Covenanters, humbly intreating, in their Names, That his Majesty would be pleased to sign the Answer to their Petition with his own Hand; for that altho themselves did not mistrust his Majesty's Word signified by the Secretary, yet the People and Army would not suffer their Deputies to come without his Majesty's own Hand and Warrant: whereupon his Majesty signed the like Answer himself, adding a seventh Person to the six formerly named, which was Sir Henry Vane, Treasures of the Houshold. With which Answer the said Earl of Dumfermling returned to the Scotish Camp.
June the 10th, being Monday, the Scotish Deputies sent unto his Majesty, humbly praying that their Attendance might be respited until the next day.
June 11. Tuesday, About ten of the Clock the Earl of Rothes, the Earl of Dumfermling, the Lord Lowdon, and Sir William Douglass Sheriff of Tividale, Deputies for the Scotish Covenanters, came from their Camp near Dunce, to the Lord General's Tent; where the said Lord General, the Earls of Essex, Salisbury, Holland, and Berkshire, Mr. Treasurer Vane, and Mr. Secretary Cooke, received them. And being ready to begin their Conference, his Majesty came unexpectedly in among them; and having taken his Seat, told the Scotish Deputies, That he was informed that they complained they could not be heard; and therefore he was now come himself to hear what they would say. Whereunto the Earl of Rothes made answer, the Tenor whereof was, A profession of all Loyalty to his Majesty, and an humble desire that they might be secured in their Religion and Liberties. And after him the Lord Lowdon began to make an Apology in excuse of their former Actions, and manner of Proceedings. But his Majesty took him short, and told them, That he would not admit of any their Excuses for what was past; but if they came to sue for Grace, they should set down their Desires particularly in writing, and in writing they should receive his Answer. Whereupon (after some Conference among themselves) they copied, (out of a Paper which they had brought with them) their Desires, which they exhibited to his Majesty in hac verba.
The humble Desires of his Majesty's Subjects of Scotland.
'First, It is our humble desire, That his Majesty would be pleased to assure us, that the Acts of the late Assembly holden at Glascow by his Majesty's Indiction, shall be ratified in the ensuing Parliament to be holden at Edinburgh, July 23. Since the Peace of the Kirk and Kingdom cannot endure further Prorogation.
'Secondly, That his Majesty, out of his tender Care of the preservation of our Religion and Laws, will be graciously pleased to declare, and assure, That it is his Royal Will, that all Matters Eoclesiastical be determined by the Assemblies of the Kirk, and Matters Civil by Parliament. Which for his Majesty's Honour, and Keeping Peace and Order amongst his Subjects, in the time of his Majesty's personal Absence, would be holden at set times, once in two or three years.
'Thirdly, That a blessed Pacification may be speedily brought about, and his Majesty's Subjects may be secured; Our humble Desire is, That his Majesty's Ships and Forces by Land be recalled; That all Persons, Ships, and Goods arrested, be restored, and we made safe from Invasion. And that all Excommunicate Persons, Incendiaries, and Informers against the Kingdom, who have out of malice caused these Commotions for their own private Ends, may be returned to suffer their deserved Censure and Punishment, and some other Points, as may best conduce to this happy Pacification.
As these are our humble Desires, so it is our Grief that his Majesty should have bin provoked to Wrath against us his most humble and loving Subjects. And it shall be our delight, upon his Majesty's gracious assurance of the Preservation of our Religion and Laws, to give example to others of all Civil and Temporal Obedience which ' can be required or expected of Loyal Subjects.
After the reading whereof, his Majesty told them, That for the better clearing of Particulars, he expected from them the Grounds and Reasons of their Desires.
They reply'd, They could not suddenly set them down, nor without the Advice of the rest of their Fellows.
Whereunto his Majesty made Answer, That he would not surprize them, and therefore gave them time until Thursday next to come prepared with their Grounds in writing.
The Lord Lowdon said, Their Desires were only to enjoy their Religion and Liberties, according to the Ecclesiastical and Civil Laws of the Kingdom; and in clearing Particulars, they would not insist upon any that were not such.
This his Majesty wished him to fet down under his Hand in writing, which he did as followeth.
Memorandum, That our Desires are only the enjoying of our Religion and Liberties, according to the Ecclesiastical and Civil Laws of his Majesty's Kingdom.
To clear by sufficient Grounds that the Particulars are such, we shall not insist to crave any Point which is not so warranted. And we humbly offer all Civil and Temporal Obedience to your Majesty, which can be required or expected of Loyal Subjects.
After the reading of which Paper, his Majesty role up and departed.
The Scotish Deputies, together with the English Lords, were invited by the Lord General to Dinner in his Tent; and about two of the Clock those of Scotland departed towards their Camp.
June 13. Thursday, The aforesaid Scotish Deputies, bringing with them Mr. Alexander Henderson Minister of Edingburgh, and Mr. Archibald Jobnston Register of the late Assembly at Glasgow, came to the Lord General's Tent about ten of the Clock; where they met with the foresaid English Commissioners, and presently after his Majesty arrived; Marquess Hamilton was likewise present, being lately come by Sea to Berwick, from the King's Fleet in the Frith.
In the first place his Majesty caused an Answer to be read to the Paper which the Lord Lowdon had signed at the last Meeting, and to be delivered to the Scotish Deputies, being as followeth.
That whereas his Majesty, the 11th of June, received a short Paper of the general Grounds and Limits of their humble Desires; his Majefty is graciously pleased to make this Answer.
That if their Desires be only the enjoying of their Religion and Liberties according to the Ecclesiastical and Civil Laws of his Majesty's Kingdom of Scotland, his Majesty doth not only agree to the same, but shall always protect them to the uttermost of his Power: And if they shall not insist upon any thing but that is so warranted, his Majesty will most willingly and readily condescend thereunto; so that in the mean time they pay unto him that Civil and Temporol Obedience which can be justly required and expected of Loyal Subjects.
At his Majesty's Camp, the 13th of June, 1639.
After the receipt whereof, the faid Scotish Deputies exhibited to his Majesty a Paper, containing the Reasons and Grounds of their Desires, in hœc verba.
Reasons and Grounds of our humble Desires, delivered the 13th of June.
'We did first humbly desire a Ratification of the Acts of the late Assembly in the ensuing Parliament.
'First, Because the Civil Power is Keeper of both Tables; and where the Kirk and Kingdom are one Body, consisting of the fame Members, there can be no firm Peace, nor Stability or Order, except the Ministers of the Kirk in their Consultations may press the Obedience of the Civil Laws and Magistrate, and the Civil Power add their Sanction and Authority to the Constitutions of the Kirk.
'Secondly, Because the late General Assembly Indicted by his Majesty, was lawfully constituted in all the Members, according to the Institution and Order prescribed by Acts of former Assemblies.
'Thirdly, Because no Particular is enacted in the late Assembly, which is not grounded upon the Acts of preceding Assemblies; and is either expresly contained in them, or by necessary Consequence may be deducted from them.
'That the Parliament be kept without Prorogation, his Majesty knows how necessary it is, since the Peace of the Kirk and Kingdom calls for it without further delay.
'We did secondly desire, That his Majesty would be pleased to declare and assure, That it is his Royal Will that all Matters Ecclesiastical be determined by the Assemblies of the Kirk, and Matters Civil by the Parliament, and other inferior Judicatories established by Law; because we know no other way of the preservation of our Religion and Laws.
'And because Matters so different in their Nature, ought to be treated respectively in their own proper Judicatories, it was also desired, That Parliaments might be holden at set Times, as once in two or three Years, by reason of his Majesty's personal Absence,
'which hindereth his Subjects in their Complaints and Grievances, to have immediate access unto his Majesty's Presence.
'And whereas his Majesty required us to limit our Desires, to the enjoying of our Religion and Liberties, according to the Ecclesiastical and Civil Laws respective, We are heartily content to have the occasion to declare, That we never intended it farther than the enjoying of our Religion and Liberties.
'And that all this time past, it was far from our Thoughts to desire to diminith the Royal Authority of our Native King, and Dread Sovereign, or to make an Invasion upon the Kingdom of England, which are the Calumnies forged and spread against us by the Malice of our Adversaries; and for which we humbly desire, That in his Majesty's Justice they may have their own Censure and Punishment.
'Thirdly, We desire a blessed Pacification, and did express the most ready and powerful Means which we could conceive for bringing the same speedily to pass, leaving other Means serving for that End, to his Majesty's Royal Consideration, and great Wisdom.
Unto which Paper, after it had bin read, his Majesty told them, They should receive an Answer on Saturday next; and afterward departed to his Pavilion. The said Scotish Deputies dined with the Lord General and English Lords, and about two of the Clock returned to their Camp.
June 15. Saturday, The foresaid Scotish Deputies came to the Lord General's Tent, about ten of the Clock, where they found the English Lords before-mentioned, the Lord Chamberlain being likewise present, who before was absent by reason of sickness. After a while his Majesty arrived, and commanded a Declaration to be read, which he had caused to be framed, in answer to the Covenanters Desires: Which was delivered to their Deputies, and by them considered of in a Room a-part among themselves. Who after some time returned, and making Exceptions to certain Clauses therein contained, the said Declaration was at last, with some Alterations, agreed upon, and accepted by the same Deputies; only they besought his Majesty that they might shew the same to the Fellows, and on Monday next they would return with their Answer; unto which his Majesty assented, and departed. The Deputies as before, dined with the Lord General, and after Dinner went back to their Camp.
June 17. Monday, The said Deputies returned, and in the Name of all those of the Covenanters, have his Majesty most humble thanks for the Gracious Answer he had touchsafed them to their Petition in the said Declaration: Which after some few words altered, was fully agreed upon by all Parties, together with certain Articles. The Tenor of both which Declaration and Articles here after follow.
His Majesty's Declaration.
We having considered the Papers, and humble Petitions presented unto us by those of our Subjects of Scotland, Who were admitted to attend 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 Kingdons, upon mature deliberation, with their unanimous Advice, We have thought fit to give this just and gracious Answer.
That tho we cannot condescend to ratify and approve the Acts of the pretended general Assembly at Glasgow, for many grave and weighty Considerations which have happened before and since, much importing the Honour and Security of that true Monarchical Government lineally descended upon us from so many of our Ancestors: 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 matters Ecclesiastical shall be determined by the Assembly of the Kirk, and matters Civil by Parliament, and other inferior Judicatories established by Law. Which Assemblies accordingly shall be kept once a Year, or as shall be agreed upon at the general Assembly.
And for setling the general Distractions of that our antient Kingdom, our Will and Pleasure is, That a fre general Assembly be kept at Edinburgh, the sixth day of August net ensuring, where we intend (God willing) to be personally present. An for the legal Indiction whereof We have given Order and Command to our Council; and thereafter a Parliament to be held at Edinbrgh the twentieth day of August next ensuring, for ratifying of what shall be concluded in the said Assembly, and setling such other things may conduce to the Peace and Good of our native Kingdom; anotherein 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 restored, and they made safe from Invasion, we are graciously plead to declare, That upon their disarming and disbanding of their Force dissolving and discharging all their pretended Tables and Conventicles, ad restoring unto us all our Castles, Forts, Ammunition of all sorts a likewise our Royal Honours, and to every one of our good Subjects, thei Liberties, Lands, Houses, Goods, and Means whatsoever, taken and devined from them since the late pretended general Assembly, We will presitly thereafter recall our Fleet, and retire our Land-Forces, and cause rejtution to be made to all Persons of their Ships and Goods, detained an arrested since the aforesaid time. Whereby it may appear, that our inntion of taking up of Arms, was no ways for invading of our native Kingdom, or to innovate the Religion and Laws, but merely for the maintaining and vindicating of our Royal Authority. And since that hereby it oath clearly appear, that we neither have nor do intend, any alteration of Religion or Laws, but that those shall be maintained by us in their full Integrity, we expect the performances of that humble and dutiful Obedience which becometh loyal and dutiful Subjects, as in their several Petitions they have often professed. And as we have just reason to believe, that to our peaceable and well-affected 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 us, but by their own procurement.
Articles agreed upon.
The Forces of Scotland to be disbanded and dissolved within eight and forty hours after the publication of his Majesty's Declaration, being agreed upon.
His Majesty's Castles, Forts, Ammunitions of all forts, and Royal Honours to be delivered after the said publication, so soon as his Majesty can send to receive them.
His Majesty's Ships to depart presently after the delivery of the Castles, with the first fair Wind, and in the mean time no interruption of Trade or Fishing.
His Majesty is graciousiy pleased to cause to be restored, all Persons, Goods, and Ships, detained and arrested since the first day of November last past.
There shall be no Meetings, Treatings, Consutations, or Convocations of his Majesty's Lieges, but such as are warranted by Act of Parliament.
All Fortifications to desist, and no further working therein, and they to be remitted to his Majesty's Pleasure.
To restore to every one of his Majesty good Subjects their Liberties, Lands, Houses, Goods, and Means whatsoever, taken or detained from them by whatsoever means since the aforesaid time.
June 18. Tuesday, The said Scotish Deputies in the morning came to his Majesty's Pavilion, and there his Majesty signed the foresaid Declaration; and two several Copies were made of the above-mentioned Articles, whereof one Copy was signed by Mr. Secretary Cook, the Earl of Sterling Secretary of Scotland, the Earl of Rothes, the Earl of Dumfermling, the Lord Lowdon, Sir William Douglass Alexander, Henderson, with Archibald Johnston, which Mr. Secretary Cook retained. The other signed by Mr. Secretary Cook, and the Earl of Sterling was delivered to the Scotish Deputies.
And further the said Deputies signed another Paper of Submission to his Majesty, being as followeth.
In the Camp, the 18th of June, 1639
'In Obedience to his Majesty's Royal Commands, We shall, upon Thursday next the 20th of this June, dismiss our Forces, and immediately thereafter deliver his Majesty's Castles, &c. And shall ever in all things carry our selves like Humble, Loyal, and Obedient Subjects.
The said Deputies did further promise and undertake, That his Majesty's foresaid Declaration should be read and published in their Army; which was accordingly done by Lyon King of Arms of Scotland,on Thursday the 20th, in the presence of the Earl of Morton, Sir Edmond Verney, Sir John Burroughs, (his Majesty's Commissioners, sent thither to see the same performed) and that day the Scotish Army disbanded.
June 22. Saturday, His Majesty came from his Camp at the Birks to Berwick.
June 24. Monday, His Majesty's Army was dismissed and dissolved.
The Earl of Holland, General of the Horse, after he returned from his first Expedition into Scotland, complained to his Majesty of the Earl of Newcastle's taking off his Colours from his Staff in that March; the King being also by another Noble Person made acquainted with the reason of his so doing, because the Prince his Colours were put in the Rear: The King commended the Earl of Newcastle's prudence in so doing, and did not attribute it to any unwillingness or neglect in that Earl of his Majesty's Service upon that Occasion: And his Majesty commanded, That for time to come, that Troop of the Earl of Newcastle's should be commanded by none but himself whilst they remained upon Duty.
Afterwards, when a Peace was concluded, and the Army disbanded, the Earl of Newcastle thought fit to require an Account of the Earl of Holland for the said Affront which he had put upon him; and sent a Challenge to him, and Time and Place where to meet was appointed: The Earl of Newcastle made choice of Francis Palmes for his Second, a Man of known Courage and Mettle. The Earl of Newcastle appeared at the Time and place, with his Second; but the General of the Horse his Second came all alone: by which the Earl of Newcastle presently concluded, that the Design had bin discovered to the King; who commanded them both to be confined, and afterwards made a Peace between them.