Sir Lewis had escaped from prison on 15 January, and not too soon, for on the previous day the House had ordered “That Sir Lewis Dive, a Prisoner in the King’s Bench for actual levying War against the Parliament, be kept in streight and close Custody within the House of the King’s Bench : And the Marshal of the King’s Bench is hereby enjoined to take care that this Order be duly complied with. That Mr. Solicitor be enjoined to prosecute with Effect and bring to Tryal Sir Lewis Dive in the King’s Bench this Term.” On 19th it was further ordered “That Mr. Solicitor be enjoined to proceed with what Effect and Speed he can to the Tryal of Sir John Stowell, Mr. Jenkins and Sir Lewis Dive : And that Mr. Samuell Browne, Mr. Maynard, Mr. Hill, Mr. Prideaux, Mr. Ellis, Mr. Listibon Long, Mr. Nicholas, or any Two of them, be added to him to assist him in this Business; And that they do proceed to an Outlawry for Treason against Sir Lewis Dive, who being committed for Treason is escaped out of Prison.”

Sir Lewis made his way to Scotland where the Scots under the Duke of Hamilton were preparing to invade England on behalf of the King. In March it was reported that English royalists were countenanced and entertained in Scotland where he, together with Sir Marmaduke Langdale and Lord Willoughby of Parham, was expected. When Hamilton marched into England on the disastrous campaign which was to culminate at Preston, Sir Lewis accompanied him, and Langdale records that when Cromwell advanced with the English army “The Duke,” being incredulous that it was the whole army, sent Sir Lewis Dives to me, to whom I answered that it was impossible any forces that were inconsiderable would adventure to presse upon so great an army as we had, therefore he might conclude it was all the power they could make, and with which they were resolved to put all to the hazard, therefore desired that I might be seconded and have more Powder and Ammunition, I having spent nine Barrels of Powder.” Langdale’s concern was justified, for Cromwell engaged the straggling sections of the royal army and decisively crushed them, although in numbers he was inferior to their combined strength.