"tion, that they should be in honour, freedom, and fafety, CHAR. I. *when poffibly they could come with fafety and conveni- 1647. ence; and that the king fhould contribute his utmost en"deavour, both at home and abroad, for affifting the king"dom of Scotland, for carrying on this war both by fea "and land, and all other fupplies by moneys, arms, am"munition, and all other things requifite, as alfo for guard ing the coaft of Scotland with fhips, and protecting all "their merchants, in the free exercise of their trade and "commerce with other nations and likewife, that his majefty was willing, and did authorise the Scotifh army, "to poffefs themfelves of Berwick, Carlisle, Newcastle 66 upon Tyne, with the caftle of Tinmouth, and the town "of Hartlepool: thofe places to be their retreat, and ma"gazines; and that, when the peace of the kingdom "fhould be fettled, the kingdom of Scotland fhould remove "all their forces, and deliver back again those towns and "castles. 66 "The king promised alfo, and undertook to pay the arrears of the brotherly affiftance, and likewife the two "hundred thousand pounds, which remained ftill due upon "the laft treaty, for return of the Scotish army, when they "had delivered up the king (5) REM. (5.) If the four hundred thousand pounds promised to the Scotifh army, when they quitted England, be con fidered as the price of the fale of the king's perfon, nothing could be harder than to oblige the king to the payment of that fum. But if it was really due to the Scots for their arrears, the king approving of the covenant of both kingdoms, by the firft article of this treaty, the Scots could urge that he was bound to fee them paid the expence they had been at in maintaining the covenant. And alfo, "That payment fhould be made to the king"dom of Scotland, for the charge and expence of their army in this future war, with due recompence for the loffes they fhould fuftain therein; and that due fatisfaction, "according to the treaty on that behalf betwixt the two "kingdoms, fhould be made to the Scotifh army in Ireland, "out of the lands of this kingdom, or otherwife: and that the king, according to the intention of his father, should endeavour a complete union of the two kingdoms, fo as they may be one under his majefty, and all his pofterity; "or if that cannot fpeedily be effected, that all liberties and "privileges concerning commerce, traffic, manufactures, "peculiar to the fubjects of either nation, fhall be com Ee 3 66 mon CHAR. I." mon to the fubjects of both kingdoms without diftinction; 1647. " and that there be a communication, and mutual capacity "of all other liberties of the fubjects in the two kingdoms " (6.) REM. (6.) If the king could not, by his own authority, unite the two kingdoms, without the concurrence of the two parliaments, neither could he, without the fame concurrence, make the privileges of both kingdoms common. So, probably, this article was put into the treaty only to dazzle the people of Scotland. "That a competent number of fhips fhould be yearly "affigned, and appointed out of his majefty's navy, which "fhould attend the coaft of Scotland for a guard, and free"dom of trade of that nation; and that his majesty should "declare, that his fucceffors, as well as himself, are obliged "to the performance of the articles and conditions of this "agreement; but that his majefty fhall not be obliged to "the performance of the aforefaid articles, until the king"dom of Scotland fhould declare for him, in pursuance of "this agreement; and that the whole articles and condi tions aforefaid, fhall be finished, perfected, and per❝formed, before the return of the Scotish army; and that "when they return into Scotland, at the fame time, fimul femel, all armies fhould be disbanded in England.” The king engaged himself alfo, "To employ those of "the Scotifh nation, equally with the Englifh, in all fo"reign employments and negotiations; and that a third "part of all the offices and places about the king, queen, "and prince, fhould be conferred upon perfons of that na tion; and that the king and prince, or one of them, "will frequently refide in Scotland, that the fubjects of that "kingdom may be known to them." The king's confent by this treaty to the establishment of the prefbyterian-government in England for three years, lying heavy upon his mind, he prevailed with the commiffioners, that it fhould be inferted under the fame treaty, "That his majefty did declare, that by the claufe of con"firming prefbyterian-government by act of parliament, "he is neither obliged to defire the fettling of prefbyteriangovernment, nor to prefent any bills to that effect; and that he likewife underftands, that no perfon whatsoever fhall fuffer in his eftate, nor undergo any corporal punifhment, for not fubmitting to prefbyterian-government; “his majesty understanding, that this indemnity fhould not "extend extend to those who are mentioned in the articles againft CHAR. I. "toleration." To this the Scotch commiffioners fubfcribed their hands, "as witneffes only, as they faid, and not as affentors." 1647. The lord Clarendon, in his hiftory of the civil wars of T.III.p.82. England, exclaims against the injuftice of this treaty, in the following words: No man who reads this treaty (which very few men have ever done) can wonder, that fuch an engagement met with the fate that attended it; which contained fo many monstrous conceffions, that, except the whole kingdom of England had been likewife imprifoned in Carisbrook caftle with the king, it could not be imagined, that it was poffible to be performed.' I own, whatever efteem I may have for that illuftrious hiftorian, this bare affeveration, without any explication, is After having examined every claufe not fatisfactory to me. of the treaty, I meet with none, that to me appear monftrous. It is true, the article of fettling the prefbyteriangovernment in England for three years, might feem so to the earl of Clarendon, and those who are of his opinion. The reader is to judge, whether this monftrofity, if I may venture to use that term, is to be ascribed to the thing itfelf, or to the hiftorian's prepoffeffion ". The king having concluded this treaty with the Scotch commiffioners, delivered his answer to the commiffioners of the parliament, to this effect: answer to the parlia Clarendon, "That his majesty had always thought it a matter of The king's great difficulty, to comply in fuch a manner with all en"gaged interefts, that a firm and lafting peace might enfue; ment's com " in which opinion he was now confirmed, fince the com- milioners. "miffioners for Scotland did folemnly proteft against the fe- III. p. 63. ❝veral bills, and propofitions, which the two houfes of Heath, "parliament had prefented to him for his affent; fo that it p. 160, "was not poffible for him to give such an answer as might " be the foundation of a hopeful peace. That befides, the "four bills as they were offered to him did not only divest "him of all foverignty, and leave him without any pof"fibility of recovering it to him or his fucceffors, but "opened a door for all intolerable oppreffions upon his fub"jects, he granting fuch an arbitrary and unlimited power "to the two houses. That neither the defire of being freed "from that tedious and irksome condition of life, which he "had E e n The Scotish commiffioners, apprehenfive of being fearched in their return to London, wrapt up this treaty in a piece of lead, and buried it in a 4 garden in the isle of Wight, from III. p. 77. CHAR. I." had fo long fuffered, nor the apprehenfion of any thing 1647. "that might befal him, should ever prevail with him to "confent to any one act, till the conditions of the whole Ludlow, Clarendon, III. p. 67, 68. peace fhould be concluded; and then that he would be "ready to give all juft and reasonable fatisfaction, in all "particulars; and for the adjusting of all this, he knew no way but a perfonal treaty (and therefore very earnestly "defired the two houfes to confent to it) to be either at "London, or any other place they would rather choose." The king not doubting but his answer would difplease T.I. p. 234. the two houses, would have given it fealed to the commiffioners, because whilft the parliament fhould take it into confideration, he intended to make his efcape, having already taken fome measures for that purpofe. But the commiffioners would not receive it in that manner, faying, They were not to be looked upon as common meffengers, "and to carry back an answer they had not feen." The king fearing, their return without his anfwer would be attended with the worst of confequences, gave it to them open; after which they inftantly departed. They were no Rushworth, fooner gone, than governor Hammond, by Sir Thomas Vil. p. 950. Fairfax's order, caufed all the king's fervants to be put out of the caftle, who till then had been permitted to be with him, and confined him fo clofely, that no man had liberty to go to him without exprefs leave P. Jbid. Burley's in rescue the king. Dec. 29. It was not in vain that the governor took these precaufurrection to tions, fince, immediately after, one captain Burley an inhabitant of the ifland, who had been firft a fea-officer, and afterwards general of the o dnance in one of the king's arClarendon, mies, endeavoured to excite the people to rescue the king III. p. 69. Rushworth, from his captivity. But he laid his meafures fo ill, that VII. p. 952. instead of executing his design he was apprehended, and afHe is appre terwards condemned, and hanged, drawn, and quartered. Probably, hended and executed. • The earl of Denbigh was the chief, and fpoke to his majesty. : P The king, after fome expoftulations for this ufage," afked Hammond, by what authority he did it?" He faid, by authority of both houses, "and that be juppefed his majesty was not "ignorant of the cause of bis doing thus.” The king profefed the contrary, and the governor replied, "That he plainly faw, his majefty was acted by other coun cils than ftood with the good of the "kingdom." [The words in Italic are omitted by the lord Clarendon.] Whitclock, p. 287 Some time before this, there had been confultations and debates, both in the parliàment and army, "by one means or "other to destroy his majefty's per"fon." Burnet's Mem, Hamil. p. 330. Clarendon, Tom. III. p. 70. Of this a general officer gave Sir John Berkley information, and advised, that the king should efcape if he could. See Ludlow, Tom. I. p. 227. 9 Mr. William Lifte had undertaken to provide a fhip for the king's escape, but the hip came not. Whitelock, P. 286. Probably, the king depended upon this officer for his CHAR. I. elcape. 1647-8. Heath. Manley. The king's answer being read in the house of commons, feveral members spoke against the king with great warmth. Jan. 3. Cromwell among others faid, "That the king was a man of great parts, and great Cromwell's "understanding, but that he was fo great a diffembler, and invectives against the "fo falfe a man, that he was not to be trufted. That king. "whilst he profeffed with all folemnity that he referred Clarendon, "himself wholly to the parliament, and depended only << upon their wisdom and counfel for the fettlement and "compofing the diftractions of the kingdom, he had at "the fame time fecret treaties with the Scotifh commif"fioners, how he might embroil the nation in a new war, "and destroy the parliament. He concluded, that they "might no farther trouble themselves with fending messages III. P. 70. addreffes be the king. about it. to him, or farther propofitions, but that they might en"ter upon thofe counfels which were neceflary towards the "fettlement of the kingdom, without having farther re"course to the king." This advice being ftrongly feconded It is voted," by fome other members, it was at length refolved, after a that no more long debate from morning till late at night, that no more made to, nor addreffes fhould be made to, or meffages received from, the metfages reking, and that a declaration fhould be published to fatisfy ceived from, the kingdom of the reason of it. This declaration was pre Rufhworth, pared in a very fhort time. It contained all the reproaches VII. p. 953. caft upon the king in 1641, in the remonftrance of the ftate Declaration of the kingdom, and whatever had been complained of fince Id. P. 998. that time, not without a direct infinuation that the king, Whitelock. when prince of Wales, had confpired with the duke of Clarendon, Buckingham against his father's life. They charged him 71. with having openly betrayed the interefts of the protestant religion, by lending his fhips to the king of France, who employed them against Rochel. When this declaration came to be debated, it met with much oppofition even in the house of commons. But the contrary party to the king did what is daily practifed in the parliament: they fuffered the oppofers of the declaration to talk as much as they pleafed, and then called for the queftion, which was carried by a plurality of voices; after which the declaration So fay Whitelock and Rushworth, whom our author quotes, and yet fays from the lord Clarendon, that the debate lafted fome days. 5 Upon pain of High-treafon. See Rushworth, Tom. VII. p. 953. was It was prepared by colonel Nathanael Fiennes. Ludlow, Tom. I. p. 236. III. p. 79, |