The Scots were not prepared to enter into a civil war with England for the restoration of the king, who would not comply even with their propositions; but they knew too well the power they possessed in the possession of his person, to let the Parliament frighten them out of their advantage till they had secured their own terms with them. They therefore immediately addressed a letter to the Parliament, expressing their astonishment at finding the king coming among them, for which they solemnly but untruly protested there had been no treaty nor capitulation. Perhaps they saved their word by meaning no treaty concluded. They assured the two Houses that they would do everything possible to maintain a right understanding between the two kingdoms, and therefore solicited their advice, as they had also sent to solicit that of the Committee of Estates in Scotland, as to the best measures to be adopted for the satisfactory settlement of the affairs of the kingdom. Charles also sent to Parliament, repeating his offers of accommodation and requesting the two Houses to forward to him the propositions for peace. To show his sincerity, he ordered his officers to surrender the fortresses still in their hands to the Committee of both kingdoms for the English Parliament. He had offered to surrender them to the Scots, but they refused to accept them, knowing that it must embroil them with the Parliament. This surrender on the part of the king, on the 10th of June, closed the war. The last to pull down the royal standard was the old Marquis of Worcester, the father of Glamorgan, who held Raglan Castle, and who, though he was eighty years of age, was compelled by Parliament to travel from Raglan to London, where he immediately died. Worcester had refused to give up Raglan, as it was his own house. He did not surrender it till the 19th of August. Oxford was given up on the 24th of June. Rupert and Maurice were suffered to withdraw to the Continent. The Duke of York, Charles's second son, was sent up to London to the custody of Parliament, and put under the care of the Earl of Northumberland.
Things being in this position, and both Charles and the Scots being anxious to keep at a distance from Fairfax and his army till the terms were settled, the Scots rapidly retreated to Newcastle, carrying the king with them.
The treaty between the Scots and the English Parliament was now carried on with much diplomacy on both sides, and was not finally settled till the 16th of January, 1647. The Scots, soon after leaving Newark, proposed a meeting with the Parliamentary Commissioners, to explain the reasons of their retreat northwards, and also for not surrendering Ashburnham and Hudson; but the meeting did not take place, and soon after Ashburnham contrived to escape and get into France, to the queen. Charles said that he could have escaped, too, had he been so disposed; but Hudson attempting it, was stopped.
Charles did not neglect to try the effect of brilliant promises on David Leslie and others of the Scottish officers, if they would side with him and make a junction with Montrose for his restoration. He offered to make David Earl of Orkney, but the Committee of Estates sent the Earls of Argyll and Loudon, and Lord Lanark, to Newcastle, to see that all was kept in order in the camp; and they told Charles plainly that he must take the Covenant, and order Montrose to disband his forces in the Highlands, if he expected them to do anything important for him. Charles consented to order the disbanding of Montrose's followers and his retirement to France, but he could not bring himself to accept the Covenant. In fact, on the same day that he gave the order to surrender his remaining fortresses, he sent a letter to the English Parliament, informing them that he was in full freedom, and in a capacity to settle with them a peace, and offering to leave the question of religion to the Assembly of Divines at Westminster, to place the militia in their hands as proposed at Uxbridge, for seven years, and, in short, to do all in his power to settle the kingdom without further effusion of blood. The Parliament, however, knew that he was in no condition to make war on them, and were too sensible of their power to notice such overtures, further than that they thought his terms now too high.
At this very time Charles was in active secret endeavour to obtain an army from Ireland and France. Glamorgan and the Pope's nuncio were busy in Ireland; the queen was equally busy in France; Mazarin again promised her ten thousand men, and incited Lord Jermyn to seize Jersey and Guernsey; and the king, though he had ordered Montrose to disband his forces and quit Scotland, desired him to be ready to raise the royal standard once more in the Highlands in conjunction with the French and Irish. All these wild schemes, however, were knocked on the head by the Earl of Ormond making peace with the Parliament on condition that he should recover his estates. He surrendered the Castle of Dublin and the fortresses to Parliament, went over to England, and all hope of aid from Ireland was at an end.
Whilst these political designs were in agitation, Charles was deeply engaged with the religious difficulty of giving up Episcopacy and consenting to the dominance of Presbyterianism. He consulted Juxon, the ex-Bishop of London, and gave him leave to advise with Dr. Sheldon and the late Bishop of Salisbury, whether he might not accept Presbyterianism as a man under compulsion, and therefore not really bound by it; and he was at the same time engaged with Alexander Henderson on the Scriptural authority of Episcopacy or Presbyterianism. During this dispute, in which each champion supported his opinion with Scriptural passages, and yet came no nearer than such disputants ever do, the Scottish divine was taken ill and died, and the Royalists declared that the king had so completely worsted him that he died of chagrin.
On the 23rd of July the English Parliament at length made proposals of peace, sending the Earls of Pembroke, Denbigh, and Montague, and six members of the Commons, to Newcastle, to treat with him. The conditions were not so favourable as those offered at Uxbridge, things, indeed, being now very different; the great point, however, being the abandonment of Episcopacy. They were to receive an answer or return in ten days; but the king would not yield the question of the Church. The Scottish Commissioners were present, and urged the king warmly to consent to the conditions, and thus to restore peace. The Earls of Loudon and Argyll implored it on their knees. Then Loudon, Chancellor of Scotland, told him "that the consequences of his answer to the propositions were so great, that on it depended the ruin of his crown and kingdoms; that the Parliament, after many bloody battles, had got the strongholds and forts of the kingdom into their hands; that they had his revenue, excise, assessments, sequestrations, and power to raise all the men and money in the kingdom; that they had gained victory over all, and that they had a strong army to maintain it, so that they might do what they would with Church or State; that they desired neither him nor any of his race longer to reign over them, and had sent these propositions to his majesty, without the granting whereof the kingdom and his people would not be in safety; that if he refused to assent, he would lose all his friends in Parliament, lose the city, and lose the country; and that all England would join against him as one man to process and depose him, and to set up another Government; and that both kingdoms for safety would be compelled to agree to settle religion and peace without him, to the ruin of his majesty and posterity;" and he concluded by saying, "that if he left England, he would not be allowed to go and reign in Scotland." This, it must be confessed, was plain and honest, and therefore loyal and patriotic speaking. The General Assembly of the Kirk had already come to this conclusion; but all was lost on the king.
Parliament now having proved that all negotiation was useless, their Commissioners returned, and reported that they could obtain no answer from the king, except that he was ready to come up to London and treat in person. A Presbyterian member, on hearing this report, exclaimed—"What will become of us, now the king has rejected our propositions?" "Nay," replied an Independent member, "what would have become of us had he accepted them?" And really it is difficult to see what could have been the condition of the kingdom had a man of Charles's incorrigible character been again admitted to power. The Parliament returned thanks to the Scottish Commissioners for their zealous co-operation in the endeavour to arrange matters with the king—a severe blow to Charles, who had till now clung to the hope of seizing some advantage from the jealousies which for many months had prevailed between the Parliament and the Scottish army.
On the 12th of August the Scottish Commissioners presented a paper to the House of Lords, stating that the kingdom of Scotland had, on the invitation of both Houses, carefully undertaken and faithfully managed their assistance in the kingdom towards obtaining the ends expressed in the covenant; and as the forces of the common enemy were now broken and destroyed, through the blessing of God, they were willing to surrender up the fortresses in their hands, and retire into their own country, on a reasonable compensation being made for their sufferings and expenses. They stated truly that many base calumnies and execrable aspersions had been cast upon them by printed pamphlets and otherwise, which they had not suffered to turn them from that brotherly affection which was requisite for the great end in view, and which they trusted would yet be effected, notwithstanding the lamentable refusal of their propositions by the king. They claimed, moreover, still to be consulted on the measure for accomplishing the common object of peace for the kingdom. The Commons appointed a committee to settle the accounts between them. The Scots demanded six hundred thousand pounds as the balance due, but agreed to receive four hundred thousand pounds, one half of which was to be paid before quitting the kingdom.