On September 10th Bristol fell. That the very thing should happen at which they had so darkly hinted, was luck beyond what the conspirators had hoped; and Walsingham's anonymous friend wrote to reproach him for "making no better use of my frequent informations concerning Prince Rupert and his creature, Legge." Further, he stated that Oxford was also sold to the Parliament and would speedily share the fate of Bristol. "I have seen the transactions for the bargain already, and there is no prevention but by an immediate repair of His Majesty thither, changing the Governor, and putting the city into the hands of some worthy man. The same I say for Newark (?); for, believe me, we esteem ourselves masters of both already. But whilst His Majesty is solicitous for this, I would not, by any means, have him neglect his personal safety, upon which he will needs have an extraordinary watchful eye; for I hear a whisper as if something ill were intended him, and to your master for his sake."[[39]] This extraordinary document apparently constitutes the "proofs" against Legge of which Digby wrote to Nicholas.

The arrival of Rupert at Oxford, on September 16th, gave some uneasiness to the conspirators. "Prince Rupert is hourly expected with his train, which will so curb the endeavours of all honest men that it will be mere madness to attempt anything,"[[40]] wrote Walsingham! But two days later he had gained courage from the Prince's quiet acceptance of his disgrace, to declare that now was the time to restore prosperity to the Kingdom, "by weeding out those unhappy men that poison all our happiness." Also, he related an incident intended to give colour to the reports of Rupert's ambition. "As even now I came through the garden of Christchurch, a gentleman met me, and took me into the inner garden, and told me that he would show me our new ruler. Fancy! When I came there, I found Prince Rupert and Legge, with the Lord—walking gravely between them, on the further side. I seemed to take no notice of the gentleman's meaning, but came away, resenting to see the nobility and gentry stand there bare at a distance, as if His Majesty had been present."[[41]] A second letter, bearing the same date, and sent at Lady Digby's desire, states that Rupert had declared that to treat was "the only thing His Majesty hath now to do." But this desire for peace Walsingham represented as a mere pose to mask the Prince's real aims. "Observe but this popular and perilous design!... Assure yourself, my Lord, that though this be Prince Rupert's aim here pretended 'tis but the medium to his real one; yet it is so plausible that you would bless yourself to see how it is here cherished by all that are either malcontent, timorous, or suspected... Surely there is no way left for His Majesty to recover, prosper, and give life to his discouraged party, but by expressing his high dislike and distrust to Prince Rupert."[[42]]

But notwithstanding Walsingham's hints, Rupert's desire for a treaty was perfectly sincere and disinterested. Personally he had less to gain by it than most of the Cavaliers, and certainly he had nothing to save, for he had no stake in the country. And the perfect integrity of his party is sufficiently guaranteed by the very fact that it counted Richmond, Legge, and Philip Warwick among its members.

By October Rupert's patience was exhausted. He could not quit the country without the leave of the Parliament, he had no money to support himself, or his servants, and Legge was still a prisoner on his account. He resolved, at all hazards, to see the King. Fain would he have had Richmond accompany him, but the Duke, though still his faithful friend, would not leave Oxford.

"The Duke of Richmond goes not hence upon many considerations, though Prince Rupert much desired it. They are very good friends, and both much for peace, though not for particular ones,"[[43]] reported a Cavalier from Oxford. On October 8th Maurice met Rupert at Banbury, and together they set out for Newark. The journey was attended with much danger, for Newark was surrounded by a large army of the Parliament, and the Parliament had warned its officers to intercept the Princes. But Rupert in prosperity had always been faithful to his friends, and he now found that they would not forsake him in adversity. A troop of officers volunteered to escort him, and Maurice brought an addition of strength, making about 120 in all.

The enemy had posted about 1,500 horse at various places, to intercept the Princes' march, but all were skilfully evaded. Near the end of their journey, however, the Princes found themselves stopped at Belvoir Bridge, by Rossetter with three hundred horse. There was no choice but to charge through them. Two attempts failed, and Rupert turned to his men, saying cheerfully: "We have beaten them twice, we must beat them once more, and then over the pass, and away."[[44]] The third charge, carried them through the enemy, as he promised, and then they divided into two parties. The larger troop went on, with the baggage, to Belvoir; but the Princes, with about twenty more, proceeded by a short cut, which Rupert remembered passing ten years before when a boy, "shooting of conies." Here they were hotly pursued by a body of horse, and the enemy, thinking the Prince trapped, offered him quarter. His only answer was to direct his friends to follow him closely, and, breaking through the hostile ranks, they came safely to Belvoir Castle.[[45]]

Digby had not awaited the Prince's arrival, but had fled north, on the pretext of leading a force to join Montrose; and it was thought, on all sides, that he had done wisely. The King no sooner heard of his nephews' arrival at Belvoir than he sent to forbid their nearer approach. "Least of all I cannot forget what opinion you were of when I was at Cardiff," he wrote to Rupert, "and therefore must remember you of the letter I wrote to you from thence, in the Duke of Richmond's cipher, warning you that if you be not resolved to carry yourself according to my resolution, therein mentioned, you are no fit company for me."[[46]]

In defiance of this prohibition, Rupert came on next day to Newark. Within the town there existed a considerable party in his favour, headed by the Governor, Sir Richard Willys. Two days earlier Willys had received the King at the city gates, but he now rode out a couple of miles, with a large escort of horse, to meet the Prince. The accounts of the scene that followed are many, but all agree in the main points. Rupert walked straight into the presence of the King, and, without any apology or ceremony, abruptly informed him "that he was come to render an account of the loss of Bristol."[[47]] The King made no reply,—he probably did not know what to say,—and immediately went to supper. His nephews followed, and stood by him during the meal; but, though he asked a few questions of Maurice, he still would not speak to Rupert. After an embarrassing hour the King retired to his bed-chamber, and the Princes went to the house of Willys.

On the next morning Rupert was permitted to lay his defence before a court-martial, which acquitted him of any lack of "courage or fidelity," though not of indiscretion.[[48]] The verdict, though qualified, was in effect a triumph for Rupert, and completely vindicated his honour. As to the relief which the King fancied he had intended to send to Bristol, Sir Edward Walker, no friend to Rupert, admits that "it was a very plausible design on paper,... and I fear it would have been a longer time than we fancied to ourselves, before we made both ends to meet."[[49]] Here the matter should have ended, and had it done so, the whole affair would have been little to Rupert's discredit. Unfortunately his passionate temper now put him completely in the wrong.

The King had resolved to quit Newark, and, remembering Willys's frequent quarrels with the Commissioners of the County, and also his recent display of partisanship, he judged it unwise to leave him behind. For this reason he ordered him to change posts with Bellasys, who, since the death of Lord Bernard Stuart, had commanded the King's guards. This was promotion for Willys, but a very unwelcome promotion, for which he perfectly understood the King's motives. Moreover, Bellasys was Digby's friend, and the whole military party rose in protest against this new evidence of Digby's power. It was agreed that Willys should demand the grounds for his removal, and a trial by court-martial. The stormy scene which resulted has been rather confusedly described by Walker, Clarendon and others, but the best account is to be found in the diary of Symonds, though he unhappily repented of having written it, and tore a part of it out of his book.