While Baillie was writing the passage above quoted, the Scottish Commissioners, along with the Lord-general Essex, and some of Essex's chief adherents, including Denzil Holles and Sir Philip Stapleton, were consulting how they might trip Cromwell up. At a conference late one night at Essex-house, to which Whitlocke and Maynard were invited, the Scottish Chancellor Loudoun moved the business warily in a speech which Whitlocke mischievously tries to report in its native Scotch--"You ken vary weele that Lieutenant-general Cromwell is no friend of ours," &c. "You ken vary weele the accord 'twixt the twa kingdoms" &c. Loudoun wanted to know, especially from the two lawyers, whether the Scottish plan of procedure in such cases would have any chance in England, in other words whether Cromwell could be prosecuted as an _incendiary_; for "you may ken that by our law in Scotland we clepe him an _incendiary_ whay kindleth coals of contention and raiseth differences in the State to the public damage." Whitlocke and Maynard satisfied his lordship that the thing was possible in law, but suggested the extreme difficulty there would be in proof, represented Cromwell's great influence in the Parliament and the country, and in fact discouraged the notion altogether. Holles, Stapleton, and others were still eager for proceeding, but the Scots were impressed and thought delay would be prudent. And so, Whitlocke tells us, the Presbyterian intriguers parted at two in the morning, and he had reason to believe that Cromwell knew all that had passed before many hours were over, and that this precipitated what followed. [Footnote: Whitlocke's Memorials (edit. Oxford, 1853), I. 3l3 _et seq._]