Chapter LXXIV: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (71)

Bot before this was dune, a petition is draune up by Argile and his friends, (the Chancellor playing fast and loose with both parties,) which is calld the petition of the armie, which was to secure religion (for these were the kirks words) and the kingdome of Christ, before any forces were raised for the Kings releasment. It is signd privatlie by Leven, Da. Leslie, Major Generall Holburne, Sir Johne Broun, Colonell Scot, and some others, and then presented publiklie to the rest of us, thinking we could not, being sojors, refuse to follow our leaders. Bot they found themselves mistaken; for Major Generall Middletone, and the honnest part of the officers of the armie told them, that such a petition, which lookd so like mutinie, could not be presented to the Parliament without incurring the dishonour which Fairfaxe his armie had draune upon itselfe, to impose on the Parliament of England. To oppose this petition, Middletone was pleasd to make use of me; neither was I, indeed, unwilling to contribute all my endeavors for the destruction of a paper which, if it had beene red, wold have spoke with so loud a voyce, that many of the members who were bot indifferent, wold have spoke Argiles language very plainlie. The busienes was so handled that it was never presented.

Innumerable allmost were the petitions that came from all places of the kingdome, against the raising of forces for his Majesties releasment. Glasgow being a considerable toune, was most refractorie to this Parliament; for Mr Dick, whom they lookd upon as a patriarch, Mr Baillie, Mr Gillespie and Mr Durhame, all mightie members of the kirk of Scotland, had preachd them to a perfite disobedience of all civill power, except such as was authorisd by the Generall Assemblie and Commission of the Kirke; and so indeed was the whole west of Scotland, who cryd up King Christ, and the kingdome of Jesus Christ, therby meaning the uncontroullable and unlimited dominion of the then kirk of Scotland, to whom they thought our Saviour had delivered over his scepter, to governe his militant church as they thought fit. For this reason, I am sent to Glasgow to reduce it to obedience, with three troops of horse, and Holburns regiment of foot, which a litle before that had mutind in the Links of Lieth; (their colonell, lieutenant colonell, and all their captains, haveing deserted them,) bot the mutinie was with some difficultie compesed by myselfe, and that regiment brought by me the length of Cramond, in its march to Glasgow. In Glasgow were many honnest and loyall men, the prime wherof wer the Cambells and the Bells; and indeed I had good helpe of Coline Cambell, James Bell, and Bayliffe James Hamilton. At my comeing there I found my worke not very difficill; for I shortlie learnd to know, that the quartering tuo or three troopers, and halfe a dozen musketeers, was ane argument strong enough, in two or three nights time, to make the hardest headed Covenanter in the toune to forsake the kirk and side with the Parliament. I came on the friday, and nixt day sent to Mr Dick, and desird him and his brethren to say nothing nixt day in their pullpits that might give me just reason to disturbe the peace of the church. In the forenoone he spoke us very faire, and gave us no occasion of offence; but in the afternoone he transgresd all limits of modestie, and raild malitieouslie against both King and Parliament. This obligd me to command all my officers and sojors to goe presentlie out of the church, because I neither could nor would suffer any under my command to be witnesses of a misdemeanor of that nature. At the first Dick was timorous, and promisd, if I wold stay, he wold give me satisfaction; bot I told him I wold trust him no more, since he had broke his promise made in the forenoone. Seeing I intended no worse but to remove, he continued his sermon, and nixt day went to Edenburgh to complaine; bot sent one that same night to make his greeveance to the Duke, who was comd the day before to his palace of Hammilton. Thither I went nixt morning. His Grace approvd of all I had done; and there was reason for it; because I had done nothing bot by his oune order, and his brother E. Lainricks advice. This was that great and well neere inexpiable sinne which I committed against the sacred soveraigntie of the kirk; for which all members were so implacable and irreconcileable enemies to me afterward.

Finding my Glasgow men groune prettie tame, I tenderd them a short paper, which whoever signed I promisd sould be presentlie easd of all quartering. It was nothing bot a submission to all orders of Parliament, agreeable to the Covenant. This paper was afterward by some merrie men christend Turners Covenant. It was quickly signd by all except some inconsiderable persons; and so soone as Duke Hammilton had causd read my letter in Parliament, and the signd papers sent to the Clearke Register, I was orderd to march to Renfrew, to reduce that shire to obedience. I left the Generall of the Artilleries regiment, which was not very strong, at Glasgow, and marchd with my oune (for the Parliament had given me that of Holburns, and my Lord Duke had placd me himselfe at Glasgow, and eleven troops of horse; for still as they were levied in the east, they were sent west to me. I lay at Paislay myselfe with my regiment, and quarterd my troopes round about. Bot the people from severall parishes came so fast to me, offering their obedience to the Parliament, that I knew not well how to quarter my present men, much lesse these troops, and Calanders regiment, which were on their march westward.

Meantime a pettie rebellion must be usherd in by religion, yea, by one of the sacredest misteries of it, even the celebration of our Lords supper; so finely could these pretended saints make that _vinculum pacis_, that band of peace, the commemoration of our Savieours sufferings and death, that peace so often inculcated, and left as a legacie by our blessed Lord to his whole Church; so handsomelie, I say, could these hipocrits make it the simbole of warre, and bloody broyles. While I lay at Paislay, a communion, as they call it, is to be given at Machlin church, to pertake wherof all good people are permitted to come; but because the times were, forsooth, dangerous, it was thought fit all the men sould come armed. Nixt Monday, which was their thanksgiveing day, there were few lesse to be seene about the church than tuo thousand armed men, horse and foot. I had got some intelligence of the designe before, and had acquainted the Duke with it; who ordered me expreslie not to stirre till Calander and Middletones coming; who accordinglie on the Saturday before the Communion came to Glasgow, where I met them, and then went straight forward to Paislay. A rendezvous is appointed by Calander to be of horse and foot at Steuarton till nixt Monday. From thence Lieut. General Middleton is sent with sixe troopes of horse to Machlin moore, where the armed communicants were said to be. I intreated my Lord Calander (bot to no purpose) not to divide, bot rather march with all his forces, then hazard the overthrow of a few, which might endanger the whole. We advanced with the rest as the foot could march; but it was not long before we heard that the communicants had refused to goe to their houses; and having ressaved a briske charge of Middletons forlorne hope, had worsted it; and that himselfe and Colonell Urrey comeing up to the rescue, were both wounded in the heade; which had so appalld their troopes, that if they lossd no ground, they were glad to keepe what they had, and looke upon the saincts. These unexpected news made Calander leave my regiment at Kilmarnock, and take his horse with him up to Middletone. I intreated him to march at least at a great trot, if not at a gallope; bot he would be more orderlie, and therefor marched more sloulie. We met numbers of boys and bedees, weeping and crying all was lost; bot at our appearance the slashing communicants left the field, the horse trulie untouchd, because not fiercelie pursued. About sixtie of their foot were taken, and five officers. The ministers that came in our power, who had occasiond the mischiefe, were nixt day dismisd. Nixt day we marchd into Aire, where a court of warre is appointed to be keepd about the prisoners. The country fellows of them are pardoned; the officers sentenced to be hanged or shot; bot therafter were pardond; to which I was very instrumentall, thogh I had bene president in the court of warre. Lieutenant Generall Middletons wound, and Colonel Urreys, sufferd them to ride abroad within foure or five days. We knew not well what to doe, for Lambert was on the Border with a strong part of the English armie, and in a manner keepd Sir Marmaduke Langdail blockd up at Carlile. Our west countrey was not at all setled, bot very readie for new commotions. Upon this E. Calander desires a conference with the Duke, who then was at Edinburgh, to be at his oune house of Hamilton, to which the Duke readilie assented.

I had left my wife at Glasgow, and, therfor, desird libertie to goe there, and bid her good night, and accordinglie went thither. Within two nights came E. Calander and Lieutenant Generall Middletone, and with them I went to Hammilton, takeing my leave of my deare wife, whom I did not see againe till she saw me prisoner at Hull.

At Hammilton, we could not bot with much regret and displeasure consider that Sir Marmaduke, and his Lieutenant Generall Sir Philip Mushgrave, both gentlemen of untainted loyaltie and gallantrie, had not onlie unseasonablie, and contrare to the advices given them, raisd above 3000 foot and horse, bot had marchd with them into Lancashire, and therby had given a just pretext to the Parliament to send Lambert with a more considerable power, to give a stop to their further proceedings: which he did so vigorouslie, that Langdale was glad to shelter himselfe under the walls of Carlile. This exposd him to a certaine and present ruine, unles he were succourd. To marche to his reliefe, were to leave the halfe of our forces in Scotland unleavied, and ane enemie behind our hand, ourselvs in very bad condition, without money, meale, artillerie, or amunition; to suffer him to perish was against honor, conscience, and the reason both of state and warre. It wold have given our enemies occasion to insult; wold have brought the Dukes honor (rudlie enough dealt with [by] some before) to an everlasting losse, and wold have given such just apprehensions of jealousies to the royalists in England, that never one of them wold have joynd with us, or ound us. The further debate of this busienes is delayd till the Duke, Calander and Middletone went to Edenburgh to advise with the Committee of Estates, for the Parliament was then dissolvd. Bot in the meanetime, Colonell Lockheart is sent to command some brigads of horse at Anan, and I orderd to goe presentlie to Drumfreis, to take the command of sixe or seven regiments of foot, which were to be shortlie there. Our neernes to Carlile was thought might give Lambert some ombrages of both a stronger and a neerer approach. Neither were we mistaken in our conjecture; for so soone as we began to rally there, he drew his troops neeer together, and so Sir Marmaduk got aire, and with it some meale for himselfe, and grasse for his horses.

In this posture did Lockheart and I stay about a fortnight, tuelve miles distant one from ane other, till (Sir Marmaduks reliefe being concluded on at Edenburgh as purely necessare,) my L. Duke, E. Calander, and Lieutenant Generall Middletone and Baillie, with many bot weake regiments of horse and foot, randevoused at Anan. There I met them with my little infantrie, amunition, and a great deale of meale, which had beene sent to me from Edenburgh and other places. Nixt day we advanced into England, order being given for all the regiments of the whole kingdome to haste after us, except such as were orderd to stay for defence of the countrey against our hidden enemies; and these were to be commanded by E. Lainrick, as commander in chiefe at home. Our advance obligd Lambert to retire. Some skirmishes we had with him for a day or tuo, bot to litle purpose. At length be got to Steinmure, where he beganne to fortifie himselfe. The Duke is necessitated to stay ten or twelve days at Kirbie-thure, to ressave those regiments were marching from Scotland, which did not exceed the halfe of their numbers they sould have beene, all neulie levied, raw and undisciplind; and that summer was so excessivelie rainie and wet, that I may say it was not possible for us to keepe one musket often fixd, all the time we were in a bodie in England. Adde to this that we had no canon, nay not one field peece, very litle amunition, and not one officer to direct it. Deare Sandie being groune old and doated, had given no fitting orders for these things. Whill the Duke lyes at Kirbie-thure, Sir Marmaduke beseegeth the castle of Applebie, in which Lambert had left a guarreson. I am sent with tuo brigads to ly neere him, for feare Lambert sould face about upon him. Within a few days the castle yeelded.

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My Lord Duke marcheth on with this ill equipd and ill orderd armie of his, in which I being Colonell of a regiment, I officiated also as Adjutant Generall, or rather indeed doeing the duetie of Major Generall of the infantrie, since there was none named for it. To relieve Langdale at Carlile brought us out of the roade, and truelie we never came in the right way againe; so true is the old saying, once wrong and ay wrong. At Hornbie, a days march beyond Kendall, it was advisd whether we sould march be Lancashire, Cheshire and the western counties, or if we sould goe into Yorkshire, and so put ourselvs in the straight roade to London, with a resolution to fight all wold oppose us. Calander was indifferent; Middleton was for Yorkshire, Baillie for Lancashire. When my opinion was askd, I was for Yorkshire, and for this reason onlie, that I understood Lancashire was a close countrey, full of ditches and hedges, which was a great advantage the English would have over raw and undisciplind musketeers; the Parliaments armie consisting of experienced and well traind sojors, and excellent firemen; on the other hand, Yorkshire being a more open countrey, and full of heaths, where we both might make use of our horse, and come sooner to push of pike. My Lord Duke was for Lancashire way, and it seemd he had hopes that some forces would joyne with him in his march that way. I have indeed heard him say, that he thought Manchester his oune, if he came neere it. Whatever the matter was, I never saw him tenacieous in any thing during the time of his command bot in that. We choosd to goe that way, which led us to our ruine. Our march was much retarded by most rainie and tempestuous weather, wherof I spoke before, the elements fighting against us; and by staying for countrey horses to carry our little amunition. The vanguard is constantlie given to Sir Marmaduke, upon condition he sould constantlie furnish guides, pioneers for clearing the ways, and which was more than both these, to have good and certaine intelligence of all the enemies’ motions. Bot whither it was by our falt or his neglect, want of intelligence helpd to ruine us; for Sir Marmaduke was well neere totallie routed before we knew that it was Cromwell that attacked us: _Quos vult perdere, hos dementat Jupiter._

Beside Preston in Lancashere, Cromwell falls on Sir Marmadukes flanke. The English imagine it was one Colonell Ashton, a powerfull presbiterian, who had got together about 3000 men to oppose us, because we came out of Scotland without the Generall Assemblies permission. Marke the quarrell. While Sir Marmaduke disputs the matter, Baillie, by the Dukes order, marcheth to Ribble Bridge, and passeth it with all the foot, except tuo brigads. This was tuo miles from Preston. By my Lord Dukes command, I had sent some amunition and commanded men to Sir Marmaduks assistance; bot to no purpose; for Cromwell prevaild, so that our English first retird and then fled. It must be remembered that the night before this sad rencounter, E. Calander and Middleton were gone to Wigham, eight miles from thence, with a considerable part of the cavalrie. Calander was comd backe, and was with the Duke, and so was I; bot upon the rout of Sir Marmaducks people, Calander got away to Ribble, where he arrivd safelie by a miracle, as I thinke; for the enemie was betueene the bridge and us, and had killd or taken most part of our tuo brigads of foot. The Duke with his guard of horse, Sir Marmaduke with many officers, among others myselfe, got into Preston toune, with intention to passe a foorde below it, thogh at that time not rideable. At the entrie of the toune the enemie pursued us hard. The Duke facd about, and put tuo troops of them to a retreate; bot so soone as we turnd from them, they turnd upon us. The Duke facing the second time, charged them, which succeded well. Being pursued the third time, my Lord Duke cryd to charge ance more for King Charles. One trooper refuseing, he beate him with his suord. At that charge we put the enemie so farre behind us, that he could not overtake us so soone. Then Sir Marmaduke and I entreated the Duke to hast him to his armie; and truelie he shew heere as much personall valour as any man could be capable of. We suimd the river, and so got to the place where Lieutenant Generall Baillie had advantageouslie lodgd the foot on the top of a hill, among very fencible inclosures.

After Calander came to the infantrie, he very inadvisedlie sent sixe hundreth musketeers to defend Ribble bridge; for the way Cromwell had to it was a descent from a hill that commanded all the champaigne, which was about ane English quarter of mile in length betueene the bridge and that hill where our foot were lodged; so that our musketeers haveing no shelter, were forced to ressave all the musketades of Cromwells infantrie, which was secure within thlcke hedges; and after the loss of many men, were forced to runne backe to our foot. Here Claud Hammilton, the Dukes Lieutenant Colonell, had his arme broke with a musket bullet. The bridge being lost, the Duke calld all the Colonells together on horsebacke, to advise what was nixt to be done. We had no choyce bot one of tuo—either stay and maintaine our ground till Middletone (who was sent for), came backe with his cavalrie; or els march away that night, and find him out. Calander wold needs speake first; wheras by the custome of warre, he sould have told his opinion last, and it was to march away that night so soone as it was darke. This was seconded by all the rest except by Lieutenant Generall Ballie and myselfe. Bot all the arguments we used, as the impossibilitie of a safe retreat from ane enemie so powerfull of horse, in so very foule weather, and extremelie deepe way, our sojors exceeding wet, wearie, and hungrie, the inevitable losse of all our amunition, could not move my Lord Duke by his authoritie to contradict the shamefull resolution taken by the major part of his officers. After that the drumles march is resolvd on, and bot few horse appointed to stay in the reare of the foot, I inquird what sould become of our unfortunate amunition, since forward with us we could not get it. It was not thought fitt to blow it up that night, least thereby the enemie sould know of our retreate or rather flight. I was of that opinion too, bot for ane other reason; for we could not have bloune it then, without a visible mischiefe to ourselves, being so neare it. It was ordaind it sould be done three hours after our departure, by a traine; bot that being neglected, Cromwell got it all. Nixt morning we appeard at Wiggam Moore, half our number lesse than we were; most of the faint and wearie sojors haveing lagd behind, whom we never saw againe. Leutenant Generall Middletone had misd us, for he came by ane other way to Ribble bridge. It was to be wishd he had still stayd with us. He, not finding us there, followd our tracke, bot hotlie pursued by Cromwells horse, with whom he skirmishd the whole way, till he came within a mile of us. He lost some men, and severall were hurt; among others Colonell Urrey got a dangerous shot on the left side of his heade, wherof, tho’ he was afterward taken prisoner, he recovered. In this retreate of Middletons, which he managed well, Cromwell losd one of the gallantest officers he had, Colonell Thornton, who was runne in the breaste with a lance, wherof he dyed. After Lieutenant Generall Middletons comeing, we beganne to think of fighting in that moore; bot that was found impossible, in regard it was nothing large, and invirond with enclosurs which commanded it; and these we could not maintaine long, for want of that amunition we had left behind us; and therfore we marchd forward with intention to gaine Warinton, ten miles from the moore we were in; and there we conceavd we might face about, haveing the command of a toune, a river, and a bridge. Yet, I conceave there was bot few of us thought we might be beaten, before we were masters of any of them. It was towards evening, and in the latter end of August, when our horse beganne to march. Some regiments of them were left with the reare of the foot; Middleton stayd with them; my Lord Duke and Calander were before. As I marchd with the last brigad of foot through the toune of Wiggam, I was alarmd that our horse behind me were beaten, and runne severall ways, and that the enemie was in my reare. I facd about with that brigad, and in the market place serrd the pikes together, shoulder to shoulder, to keepe up any sould charge, and sent orders to the rest of the brigads before to continue their march, and follow Lieutenant Generall Baillie, who was before them. It was then night, bot the moone shone bright. A regiment of horse of our oune appeared first, riding very disorderlie. I got them to stop, till I commanded my pikes to open, and give way for them to ride or runne away, since they wold not stay. Bot my pikemen being demented, (as I thinke we were all,) wold not heare me, and tuo of them runne full tilt at me. One of their pikes, which was intended for my bellie, I gripd with my left hand; the other run me neere two inches in the innerside of my right thigh; all of them crying, that all of us were Cromwells men. This was an unseasonable wound, for it made me after that night unservicable. This made me forget all rules of modestie, prudence, and discretion. I rode to our horse, and desird them to charge through these foot. They, fearing the hazard of the pikes, stood. I then made a cry come from behind them, that the enemie was upon them. This incouragd them to charge my foot so fiercelie, that the pikemen threw doune their pikes and got into houses. All the horse gallopd away; and, as I was told afterwards, rode not thorough bot over our whole foot, treading them doune; and in this confusion Colonell Lockheart was trode doune from his horse, with great danger of his life. Thogh the enemie was neere, yet I beate drums to gather my men together. Shortlie after came Middletone, with some horse. I told him what a disaster I had met with, and what a greater I expected. He told me, he wold ride before and make the horse halt. I marchd, however all that night, till it was faire day; and then Baillie, who had rested a litle, intreated me to goe into some house and repose on a chaire; for I had sleepd none in tuo nights, and eate as litle. I alighted, bot the constant alarums of the enemies approch made me resolve to ride forward to Warinton, which was bot a mile; and indeed I may say I sleepd all that way, notwithstanding my wound. I thought to have found either the Duke or Calander, or both heere, bot I did not; and indeed I was often told that Calander carried away the Duke with him, much against his mind. Heere did the Leutenant Generall of the foot meet with ane order, wherby he is required to make as good conditions for himselfe and those under him as he could; for the horse wold not come backe to him, being resolvd to preserve themselvs for a better time. Baillie was surprisd with this, and lookeing upon that action which he was orderd to doe as full of dishonor, he losd much of that patience of which naturallie he was master, and beseechd any that wold to shoot him thorough the head. At length, haveing somthing composd himselfe, and much solicited by the officers who were by him, he wrote to Cromwell. I then told him, that so long as ther was a resolution to fight, I wold not goe a foot from him; bot now that they were to deliver themselvs prisoners, I wold preserve my libertie as long as I could, and so tooke my leave of him, carrying my wounded thigh away with me. I met immediatlie with Middletone, who sadlie condold the irrecoverable losses of the tuo last days. Within tuo hours after, Baillie and all the officers and sojors that were left of the foot, were Cromwells prisoners. I got my wound dressd that morning by my oune surgeon, and tooke from him these things I thought necessare for me, not knowing when I might see him againe; as indeed I never saw him after.

That unhappie day we met with Cromwell at Preston, some regiments of horse, and our Irish auxiliaries under the command of Sir George Monro, (who were fifteene hundreth good foot and three hundreth horse, and were appointed, against all reason of warre, to be constantlie a days marche behind us) all of them, I say, finding the enemie had got betweene us and them, marchd straight backe to Scotland, and joynd with E. Lainricks forces. Bot so soone as the news of our defeate came to Scotland, Argile and the Kirks partie rose in armes everie mothers sonne—and this was calld the Whiggamer rode. Da. Leslie was on their heade, and old Leven in the Castle of Edinburgh, cannonading the royall troopes when they came in view of him. Yet might they have been all very soone conjurd to be quiet, if the royalists had not suffered themselves to be cheated by a treatie, by which they were obligd to lay down armes, and quite their power in civill and militarie affaires. But the principall men of them, particularlie the Earles of Lauderdaile and Lainrick, Sir George Monro, Dalyell and Drummond, and others, found it not saife to trust the Saincts too much, and, therfor, crosd the seas, to take sanctuarie in Holland. Cromwell at Warinton sends Lambert with a sufficient cavalrie after us, and follows Monro with the strength of his armie to the Border, and there is invited by the Presbyterians to enter Scotland. He gets Berwick and Carlile baselie yeelded to him; and in one of them a number of English gentlemen who had servd the King; ane infamous act! He is feasted by old Leven, (peeres of ane tree) in the Castle of Edenburgh; which within tuo yeares after he made his oune. These men, who courted him, were so faithfull to the Covenant, that if fame wrong not some of them, they agreed with him in my Lady Homes house in the Canongate, that there was a necessitie to take away the King’s life. Now, for the good intertainment the Presbiterians had given this Arch Independent, at his returne to England, he left Lambert, (who had dispatched us before) with foure regiments of horse, to defend them against the Malignants (for so were honnest men called), till forces of their oune were raised, which was soone done. And then Acts of State and Kirke are made, to incapacitate all who had beene in England with the Duke, all who had abetted that engagdment, or had consented to it, from any office, charge or employment in State. Church, or Militia; and numbers of honnest Ministers upon that same account, turned out of their benefices and livelihoods.

To turn to the Duke in England. At night, after I left Warinton, when I came to him, all the resolution I found taken was, to march forward a day or tuo, and then by a turne to endeavour to get into Scotland; for there was then no visible partie for the King in England to joyne with; Cromwell haveing, before he came to us, routed and broken all these who rose in Wales, and hangd many of the principal gentlemen of them. And Fairfaxe had broke all these who rose for the King in other counties, first under the Earle of Holland, and them under the Earle of Norwich, chaceing him and the remainder of them into Colchester, which, after a siege, was surrendered to him on discretion, as I thinke. Heere Sir Charles Lucas and Sir George Lile were cruellie dealt with, having bot tuo houres given them to prepare for death; and after that short time, by the instigation of wicked Ireton, Cromwells sonne in law, mercileslie shot dead.

The first day, then, of the Dukes march from that place where I found him, was to Whitechurch, (in what countie I do not remember.) There a great number of the countrey traind bands appeard against us, bot were quicklie put to flight by Middleton, without bloodshed. That day we marchd many miles, and at night most of all the horse lodgd in the field, where their horses fed well. Some officers went to houses; bot I lodgd at a hedge, and sleepd there so sound, that at break of day the trumpets could not waken me; that being the fourth night in which I had sleepd none, except on horsebacke. Nixt day we made a long halt at a countrey toune, I thinke in Staffordshire, called Stone. Heere, because we had not enemies enough to take our lives, a trooper killd his oune Ritmaster, one Patrick Grey, who had beene a captaine under me in my Lord Sinclar’s regiment. The trooper was in the place shot dead, by my Lord Dukes command; who, to speake truelie, was too spareing in taking lives, his clemencie occasioning the keeping very bad discipline the whole time of our march in England. A litle after we had removd from that place, Leutenant General Middletone making good the reare against some of the countrey militia troopes, was taken; his horse having fallen under him. He was carried to Stafford; and indeed after that, we might trulie have said, we were all prisoners; for I am sure enough, if he, or rather we, had escapd that misfortune, such unhappie accidents had beene prevented by him, which shortlie ruind us. And I know not bot he keeping us united, might not at a long runne have brought himselfe and most of us to Scotland. We came at night to Uxeter, in most tempestuous, windie, and rainie weather. Nixt morning, when we were on our march, a great unwillingness in the horsemen, and some of their officers to march further; the wearines of both man and horse, ane irresolution whether to goe, and most of all, a fatalitie which pursud us, made the Duke turne backe and take up his quarters in the same toune. Neither that day nor nixt night was any thing resolvd on, bot to rest and refresh man and horse, and then either treate with these forces that had surrounded us, or fight them and march away. Sir Marmaduk Langdale, and these few English who were with him, had left us at Uxeter. He was taken afterward, bot savd his life by escapeing out of prison. The Duke and Calander fell out, and were at very hie words at supper, where I was; each blameing the other for the misfortune and miscarriage of our affaires; in which contest I thought the Duke had the better of it. And heere, indeed, I will say, that my Lord Dukes great fault was in giveing E. Callander too much of his pouer all along; for I have often heard him bid him doe what he pleased, promiseing to be therwith well contented. And therfor Calander was doublie to be blamd, first for his bad conduct, (for that was inexcusable,) and nixt for reproaching the Duke with that whereof himselfe was guiltie. To fill up the measure of our misfortunes, our troopers mutine against the Duke, Calander, and all their officers. Whether this proceeded of their oune wickednes, or by the instigation of some of their oune commanders, which I then shrewdlie suspected,) is uncertaine. The Duke and Calander are keepd prisoners, with strong guards of the mutineers, all nixt night in the Dukes lodgeing, with many other officers, and among others myselfe. Nixt morning, so soone as I could see, I cald over the window of the Dukes bedchamber to them, and askd them, if they were not yet ashamd of the base usage they had given their Generall, and of that contempt they had shown of all discipline, and of the ignominie of this action; and requird them, if for no other reason, yet for their oune safetie from the common enemie, to returne to their duetie, and goe home to their lodgings. Immediatlie they removd their guards, and went to their severall quarters, cursing in generall words these who had prompted them to the mutinie; which augmented my former suspition, but it was no time to make a strict inquirie in the busieness. Shortlie after, Calander went away, with as many as would follow him; which indeed were more than the halfe of these were in toune. No intreatie of the Duke or mediation of the officers could prevaile with him. I dealt particularlie with him, bot in vaine. He usd many arguments to move me to goe along with him, bot I told him, if I keepd my life, I wold be one of the last men sould stay with the Generall. I heard that not long after he was deserted by all that went with him, as he had deserted my Lord Duke. Yet he had the good fortune (which I believe no other officer of our armie had,) to get safe to London in disguise, and from thence to Holland.

* * * * *

Calander being gone, there was an absolute necessitie imposed on the Duke to capitulate with the Governor of Stafford, who had about 3000 of the countrey militia with him, with which we were surrounded. Sir James Foullis of Colinton, Colonell Lockheart and myselfe are namd and commissionated by my Lord Duke to treate. We met with the governour and some of the principall gentlemen, three miles from Uxeter, at a very pleasant house in Staffordshire, where, as they had told us, Mary Queene of Scots had been long keepd prisoner. This with superstitious people wold have lookd ominous for us, who were of that nation. In our treatie, we found them very civill and rationall, and so much friends to Monarchie, that we had reason to expect no bad conditions from them. Bot Fortune had not yet made peace with us. We are interrupted by a messenger sent by Lambert, to acquaint both them and us that he was comd within tuo miles of that place, and that, if we wold treate, it must be with him. These were no good news, yet we presentlie horsd and went to him. We found him very discreet, and his expressions civill enough. He appointed three principall officers to treate with us, wherof Lieutenant Generall Lilburn was one. After much discourse, they offerd to us, if we wold redeliver Berwick and Carlile to the English Parliament, we sould be permitted to goe; nay, we sould be convoyd backe to Scotlande. We told them we had no pouer in our commission to speake of these townes; and so other articles were agreed on by us, bot not signd till I sould goe first to the Duke and show him, if he wold surrender these tuo touns, he and all with him sould have their libertie; if not, we were by the articles all prisoners. He absolutlie refusd to ingadge for the deliverie of these places, as a thing he said was not in his pouer; justlie suspecting the Deputie Governors of the touns wold not obey his orders in the condition he was; and so with many sorrowfull expressions dismissd me. Upon the way, as I returned, I met Lambert, with some troops, who told me he was goeing to save my Lord Duke from my Lord Grey of Groobie, who was marching towards Uxeter on the other side of the toune, which I knew before I came from the Duke to be true. He desird me, by all meanes to hast the signing of the articles, which he promisd to ratifie. At my return I told my comerads what reason we had to make haste; and haveing reported the Dukes answer to the English officers, we all immediatlie signd the articles, which, indeed, if they had been malitious, they might have wavd; for whill we were about it, one Major Gib, ane officer of our oune, came very unmannerlie into the roome, belching out his folly in these words: “Gentlemen, what doe ye dooe? The Duke and all who are with him are my Lord Greys prisoners.” Yet the commissioners signed for all that; and indeed my Lord Duke was by that time prisoner, bot Lambert tooke the protection of him; for our agreement was ratified by him, and by the Duke too, for he was not to be esteemed a prisoner, because taken in the time of a cessation and treatie, against custome of warre. Our first article was for the Duke, that he sould onlie be a prisoner of warre, nor sould his life ever be questiond or in danger. He sould keep his George; sixe of his servants, such as he sould choose, sould be permitted to attend him, and sixe of his best horses likewise; that in his prison accesse of all persons to him sould be allowd:—conditions good enough, but very ill keepd. The summe of the rest of the articles was this: That all of us, both officers and sojors, sould be prisoners of warre, bot civillie used, till we could procure our libertie by exchange or ransome; that all of us sould keepe the cloths we had on us, and all the gold and money we had about us, all other baggage, armes, and horses, sould be bootie and prise to the victor. We three who had capitulated, were orderd to be carried to Stafford, where Middletone was. The Captain who conducted us thither got our horses and armes. As we rode thorough Uxeter, we made a stand at the window of the Dukes chamber; and he looking out, we tooke our eternall farewell of him, with sad hearts parting from him we were never to see againe. He spoke kindlie to us and so we left him to act the last and worst part of his tragedie.

* * * * *

What was intended for the Kings reliefe and restoration posted him to the grave. His sad imprisonment calld for assistance from all his loyall subjects, which as a duetie the laws both of God and man seamd to impose on them. Our hopes of success were great, grounded on the equitie of our just undertakeing, the prevailing of the royall partie in Ireland, the returne of most of the navie to their duetie and obedience, under the then Prince of Wales, now King; the numerous and loyall riseings of many shires in England and Wales, against that usurped pouer which keepd his Majestie in restraint, and upon our oune strength; for our armie was intended to have beene tuentie thousand foot, and sixe thousand horse and dragoons. Bot we never amounted to fourteene thousand in all. These were honnest and fair motives for that loyall and well intended engadgment of ours; bot,

_Ludit in humanis divina potentia rebus._

[The foregoing narrative of the Duke of Hamilton’s luckless expedition in furtherance of the engagement, is the best written account of it that we have anywhere seen; and it bears internal evidence of fidelity. It is copied from the only edition of it ever printed—viz. by the Bannatyne Club in 1829.]

* * * * *

1649.—Friday, January 19.

_7. Trial of King Charles the First.[422]_

Commissioners present at Westminster-Hall, January 20, 1648-9.

John Bradshaw Serjeant at Law, Lord President; Oliver Cromwell, Henry Ireton, Sir Hardress Waller, Valentine Walton, Thomas Harrison, Edward Whaley, Thomas Pride, Isaac Ewer, Thomas Lord Grey of Groby, William Lord Mounson, Sir John Danvers, Sir Thomas Maleverer Baronet, Sir John Bourchier Knight, Isaac Penington Alderman of London, Henry Martin, William Purefoy, John Barkstead, John Blackiston, Gilbert Millington, Sir William Constable Baronet, Edmond Ludlow, John Hutchinson, Sir Michael Livesey Baronet, Robert Tichburne, Owen Roe, Robert Lilburn, Adrian Scroope, Thomas Horton, Thomas Hammond, John Lisle, Nicholas Lore, Vincent Potter, Augustine Garland, Richard Deane, John Okey, John Huson, William Goffe, Cornelius Holland, John Carew, John Jones, Thomas Lyster, Peregrine Pelham, Francis Allen, Thomas Chaloner, John More, William Say, John Alured, Francis Lassells, Henry Smith, James Chaloner, Humphry Edwards, Gregory Clement, John Fry, Sir Gregory Norton Baronet, Edmond Harvey, John Ven, Thomas Scot, William Cawley, Anthony Stapeley, John Downs, John Dixwell, Simon Meyne, James Temple, Peter Temple, Daniel Balgrave, John Browne.

This done, the Court commanded the Serjeant at Arms to send for the Prisoner, and thereupon Col. Thomlinson, who had the Charge of the Prisoner, within a quarter of an hours space brought him, attended by Col. Hacker, and 32 Officers with Partizans, guarding him to the Court, his own Servants immediatly attending him. Being thus brought up

in the Face of the Court, the Serjeant at Arms with his Mace receives him, and conducts him straight to the Bar, having a Crimson Velvet Chair set before him. After a stern looking upon the Court, and the People in the Galleries on each side of him, he places himself in the Chair, not at all moving his Hat, or otherwise shewing the least respect to the Court; but presently riseth up again, and turns about, looking downwards upon the Guards placed on the left side, and on the multitude of Spectators on the right side of the said great Hall: the Guard that attended him in the mean time dividing themselves on each side the Court, and his own Servants following him to the Bar.

The Prisoner having again placed himself in his Chair with his Face towards the Court; and Silence being again ordered and proclaimed, the Lord President in the Name of the Court, addressed himself to the Prisoner, acquainting him, That the Commons of England assembled in Parliament, being deeply sensible of the Evils and Calamities that had been brought upon this Nation, and of the innocent Blood that had been spilt in it, which was fixed upon him as the principal Author of it, had resolved to make Inquisition for this Blood; and according to the Debt they did owe to God, to Justice, the Kingdom and themselves, and according to that fundamental Power that rested, and Trust reposed in them by the People, other means failing through his Default, had resolved to bring him to Tryal and Judgment, and had therefore constituted that Court of Justice before which he was then brought, where he was to hear his Charge, upon which the Court would proceed according to Justice.

Hereupon Mr Cook, Solicitor for the Commonwealth, standing within the Bar, with the rest of the Counsel for the Commonwealth, on the right Hand of the Prisoner, offered to speak; but the Prisoner having a Staff in his Hand, held it up, and softly laid it upon the said Mr Cooks Shoulder two or three times, bidding him hold. Nevertheless the Lord President ordering him to go on, Mr Cook did, according to the Order of the Court to him directed, in the Name and on the behalf of the People of England, exhibit a Charge of High-Treason and other High Crimes, and did therewith accuse the said Charles Stuart King of England; praying in the Name and on the behalf aforesaid, that the Charge might be accordingly received and read, and due Proceedings had thereupon; and accordingly preferred a Charge in writing, which being received by the Court, and delivered to the Clerk of the Court, the Lord President in the name of the Court ordered it should be read.

But the King interrupting the reading of it, the Court notwithstanding commanded the Clerk to read it, acquainting the Prisoner, that if he had any thing to say after, the Court would hear him. Whereupon the Clerk read the Charge, which is as followeth.

That the said Charles Stuart, being admitted King of England, and therein trusted with a limited Power to govern by, and according to the Laws of the Land, and not otherwise; and by his Trust, Oath and Office, being obliged to use the Power committed to him for the Good and Benefit of the People, and for the Preservation of their Rights and Liberties: yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will, and to overthrow the Rights and Liberties of the People, yea to take away and make void the Foundations thereof, and of all Redress and Remedy of Mis-government, which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments, or National Meetings in Council; He the said Charles Stuart, for accomplishment of such his Designs, and for the protecting of himself and his Adherents in his and their wicked Practices, to the same Ends hath traitorously and maliciously levyed War against the present Parliament, and the People therein represented, particularly upon or about the thirtieth day of June, in the year of our Lord 1642, at Berverly in the County of York; and upon or about the 30th day of July in the year aforesaid in the County of the City of York; and upon or about the 24th day of August in the same year, at the County of the Town of Nottingham, where and when he set up his Standard of War; and also on or about the 23d day of October in the same year, at Edghil or Keynton-field in the County of Warwick; and upon or about the 30th day of November in the same year at Brentford in the County of Middlesex; and upon or about the 30th day of August in the year of our Lord 1643, at Caversham Bridg near Reading in the County of Berks; and upon or about the 30th day of October in the year last mentioned, at or upon the City of Glocester; and upon or about the 30th day of November in the year last mentioned, at Newbury in the County of Berks; and upon or about the 31st day of July in the year of our Lord 1644, at Cropredy Bridg in the County of Oxon; and upon or about the 30th day of September in the last year mentioned, at Bodmyn and other places near adjacent, in the County of Cornwal; and upon or about the 30th day of November in the year last mentioned, at Newbury aforesaid; and upon or about the 8th day of June in the year of our Lord 1645, at the Town of Leicester; and also upon the 14th day of the same Month in the same year, at Naseby-field in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times within the years aforementioned, and in the year of our Lord 1646, he the said Charles Stuart hath caused and procured many thousands of the free People of this Nation to be slain: and by Divisions, Parties, and Insurrections within this Land, by Invasions from foreign Parts, endeavoured and procured by him, and by many other evil ways and means, he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea, during the years before-mentioned; but also hath renewed, or caused to be renewed, the said War against the Parliament and good People of this Nation in this present year 1648, in the Counties of Kent, Essex, Surry, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by Sea. And particularly He the said Charles Stuart hath for that purpose given Commission to his Son the Prince, and others, whereby, besides multitudes of other Persons, many such as were by the Parliament intrusted and imployed for the safety of the Nation (being by him or his Agents corrupted to the betraying of their Trust, and revolting from the Parliament) have had Entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid. By which cruel and unnatural Wars, by him the said Charles Stuart levyed, continued, and renewed as aforesaid, much innocent Blood of the free People of this Nation hath been spilt, many Families have been undone, the publick Treasure wasted and exhausted, Trade obstructed and miserably decayed, vast Expence and Damage to the Nation incurred, and many parts of this Land spoiled, some of them even to desolation. And for further Prosecution of his said evil Designs, He the said Charles Stuart doth still continue his Commissions to the said Prince, and other Rebels and Revolters both English and Foreigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him; from whom further Invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charles Stuart.

“All which wicked Designs, Wars, and evil Practices of him the said Charles Stuart have been, and are carried on for the advancement and upholding of a personal Interest of Will, Power, and pretended Prerogative to himself and his Family, against the publick Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, by and from whom he was intrusted as aforesaid.

“By all which it appeareth that the said Charles Stuart hath been, and is the Occasioner, Author, and Continuer of the said unnatural, cruel, and bloody Wars; and therein guilty of all the Treasons, Murders, Rapines, Burnings, Spoils, Desolations, Damages, and Mischiefs to this Nation, acted and committed in the said Wars, or occasioned thereby.”

Saturday, January 20.

This day the High Court of Justice for trial of the King sat in the Painted Chamber, and from thence adjourned about two in the afternoon to the place built for that Court in Westminster-Hall. The President had the Mace and Sword carried before him, and 20 Gentlemen attended as his Guard with Partizans, commanded by Col. Fox.

After an _O Yes_ made, and silence commanded, the Act of the Commons in Parliament for sitting of the said Court was read, and the Court was called, there being above 60 Members of it present. Then the King (who lay the night before in St. James’s, and was brought this day to Whitehall, and thence by Water, guarded with Musqueteers, in boats to Sir Robert Cotton’s House) was brought to the Bar. To which there attended him Col. Hacker, with about 30 Officers and Gentlemen with Halberts. At his coming to the foot of the Stairs, he was met with the Mace of the Court, and conducted to a Chair within the Bar, where he sat down in the face of the Court.

The Lord President in a short Speech acquainted the King with the cause of his being brought thither; that it was in order to his Trial upon a Charge against him by the Commons of England, which was then to be read, and the King to give his answer thereunto.