The independency of England endeavored to be maintained by Henry Marten, a member of the Parliament there, against the claim of the Scottish Commissioners, in their late ansvver upon the bills and propostions sent to the King in the Isle of Wight. Marten, Henry, 1602-1680. 1648 Approx. 38 KB of XML-encoded text transcribed from 15 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-12 (EEBO-TCP Phase 2). A89606 Wing M822 Thomason E422_16 ESTC R754 99873149 99873149 161388

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 Early English books online. (EEBO-TCP ; phase 2, no. A89606) Transcribed from: (Early English Books Online ; image set 161388) Images scanned from microfilm: (Thomason Tracts ; 66:E422[16]) The independency of England endeavored to be maintained by Henry Marten, a member of the Parliament there, against the claim of the Scottish Commissioners, in their late ansvver upon the bills and propostions sent to the King in the Isle of Wight. Marten, Henry, 1602-1680. 28 p. Printed for Peter Cole, at the Printing-Press in Cornhil, near the Royal-Exchange, and John Sweeting, at the Angel in Popes-head Alley, London : 1648. Annotation on Thomason copy: "Jan: 11th 1647"; the "8" in the imprint has been crossed out. Reproduction of the original in the British Library.

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 eng Scotland. -- Parliament. Solemn League and Covenant (1643) -- Early works to 1800. England -- Foreign relations -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- England -- Early works to 1800. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2010-02 Assigned for keying and markup 2010-03 Keyed and coded from ProQuest page images 2010-04 Sampled and proofread 2010-04 Text and markup reviewed and edited 2011-06 Batch review (QC) and XML conversion

THE INDEPENDENCY OF ENGLAND Endeavored to be maintained By HENRY MARTEN, a Member of the Parliament there, Againſt the Claim of The SCOTTISH Commiſsioners, In their late ANSWER UPON THE Bills and Propoſitions SENT to the KING in the Iſle of Wight.

London, Printed for Peter Cole, at the Printing-Preſs in Cornhil, near the Royal-Exchange, and John Sweeting, at the Angel in Popes-head Alley. 1648.
THE INDEPENDENCY OF ENGLAND Endeavored to be maintained againſt the Claim of the Scottiſh Commiſsioners.

TO rectifie, not to upbraid you: You have for divers years together been very well entreated by us of this Nation, and that from a willingleſs we ever had, as upon all occaſions, ſo particularly in your perſons; to manifeſt the brotherly reſpect we bear towards them who ſent you: Upon the ſame accompt many former Boldneſſes and Provocations of yours have been winked at by the Parliament, as (I am confident) this laſt Anſwer would likewiſe be, did you not therein ſeem to have remained here ſo long, as to have quite forgotten why you came.

You may therefore pleaſe to be remembred. That it was no part of your firſt buſineſs (whatever ſupplemental Commiſſions may ſince have been procured for a further exerciſe of your patience among us) to ſettle Religion, not to make a Peace in England; ſo as all thoſe devout-like and amicable Endeavors for which you think to be thanked, were not onely Intruſions into Matters unconcerning you, but ſo many Diverſions from performing, as you ought what was properly committed to you.

As for our Religion, ſince the zeal of your Countreymen would needs carry their care thereof ſo far from home, me thinks their Divines, now ſitting with ours at Weſtminſter, might excuſe your trouble in this particular, or at leaſt might teach you by their practice, That your Advice therein to the Parliament is to be but an Advice, and that an humble one.

As for the other particular of Peace, it is true, that about three years agone here were Ambaſſadors from our Neighbors of the Low-Countreys, who having found the King almoſt weary of Fighting, made uſe of their Priviledge, and did his Errand (in ſtead of their Maſters) which was with big words to beg a Peace.

After that, when the Kings Cauſe had nothing left to lean upon, but the Treachery of our falſe Friends and Servants, an Ambaſſador from our Neighbors of France did (en paſſant) make a certain overture of Accord betwixt the Crown and the Head. But your employment here from our Neighbors of Scotland had ſo little relation to Peace, that your onely work was to joyn Counſels with a Committee of ours, in ordering and diſpoſing ſuch. Auxiliary Forces as that Kingdom ſhould ſend into this for carrying on the War.

As to the Delays you charge upon the Parliament, in that they Anſwer your Papers ſometimes late; and ſometimes not at all, yet require peremptory and ſpeedy Reſolutions from you, as if their dealings were unequal towards you, I hope you will give over making ſuch Conſtructions, when you ſhall conſider how much more buſineſs lies upon their hands, then upon yours; and how much flower progreſs the ſame Affairs muſt needs finde, in paſſing both Houſes, then if they were to be diſpatched onely by four or five Commiſſioners. Were not I conſcious to this truth, and to the abundant civility they have always for you in their undelayed reading, preſent referring, and deſire of complying with what you ſend them, ſo far as might conſiſt with their Duty to this Commonwealth, and that they want nothing but time to ſay ſo, I ſhould never have preſumed to truſt ſo great a Cauſe upon the Patronage of ſo rude a Pen: Neither indeed is it left there, my deſign being to let the world imagine, how ſtrong a ſtream of Juſtice runs on our ſide, when I dare oppoſe the Reaſons of my ſingle barque, againſt all the advantages of Number, Abilicies, and Countenance that you can meet me with.

For orders ſake, I ſhall take the pains to ſet the body of your Diſcourſe as upright as I may (its prolixity and perplexity conſidered) upon two feet.

One is, The Claim you make in behalf of the Kingdom of Scotland, to the inſpection of and conjunction in the matter of our Laws, and the conditions of our Peace.

The other (miſtaking the firſt for evinced) is, Your telling us what you think fit, and what unfit, for us to eſtabliſh in our Church and State, and what way you conceive moſt proper for obtaining of a Peace betwixt the King and us; together with the Proofs wherewith you ſeek to fortifie your ſeveral Opinions.

It would give your firſt foot too much ground, to hold Diſpure with you upon the ſecond; therefore ſince a man may ſee by your forwardneſs in printing and publiſhing both theſe and other your Tranſactions with the Houſes, that your Arguments (like the Kings in His Meſſages) are not framed ſo much to ſatisfie the Parliament, as to beget in the People a diſ-ſatisfaction towards the Parliament. I will (God enabling me) take a time apart to undeceive my Countreymen concerning both the King and you, by laying the Hook as open as the Bait in all your lines; And for the preſent apply my ſelf onely to the ſhewing you, That when you ſhall have offered your Counſel to the Parliament of England (as for ought I know any one man may do unto another) in matters concerning this Kingdom onely, though the moſt wholſom Counſel that ever was or can be given, and the Parliament ſhall not approve it, not ſo much as a Conference upon it, it is no more maners in you, then it would be in the ſame number of Spaniards, Indians, or of the moſt remote Region of the Earth, to preſs it again, to inſiſt upon it, and to proclaim your unſatisfaction in it.

Let us (with your favor) confider your pretences: You do not aym (as your ſelves profeſs in the ſecond Paragraff of your fourth page) at ſharing in our Rights, Laws nor Liberties, but in other Matters, viz. ſuch as either in their own Nature, or by Compact, are common to both Kingdoms; which I take the more notice of, becauſe one would ſuppoſe you to be grown kinder now then you were the other day, when you went about to make us believe, that nothing in our Laws did properly belong to us, but the form and maner of proceeding therein, the matter of them being held in common with the Kingdom of Scotland; and therefore, and for their poſſibility of containing ſomething prejudicial to that Kingdom, to be reviſed by you before they receive their perfection.

But the truth is, you are ſtill where you were; onely the Peoples ears are by this time ſo habituated to the Doctrines you frequently ſow among them, thoſe Doctrines ſo improved by your Seminaties, who finde their own Intereſt interwoven with yours, and the Parliament ſeeming but a looker on, that you perſwade your ſelves any thing will paſs that you ſhall ſet your Stamp on, otherwiſe you would certainly have been aſhamed to diſavow the buſying your ſelves with our RIGHTS, LAWS and LIBERTIES, and with the ſame breath to diſpute our Rights, correct our Laws, and infringe our Liberties.

Nay, contrary to that moderate conceſſion of yours, you do in this Anſwer intrench upon the very form and maner of our Bills and Propoſitions; and as if the marſhalling them, the putting them into rank and file, were to be by your order, you take upon you to appoint which of our Deſires ſhall have the Van, and which the Rere in this Expedition.

And (which is the moſt pleaſant part of the Story, if it would take, as truly ſuch a thing might have done, when you and we were firſt acquainted) though the Parliament of England (as I told you even now) would not order the motions of the Scottiſh Army that ſerved us in our Countrey, and for our Pay, but by Conjunction of Counſels with Commiſſioners of that Kingdom; yet you (as you could not forbear medling with our Army when it was in modelling, ſo) do in this Paper continue the Office (you put your ſelves into) of Diſpoſing, Disbanding, Diſmembring, Catechizing and Reviling this Army of ours, the greateſt Bulwark, under God, of our Liberties, that yet had proved ineffectual, if your Counſels had been followed, or your Importunities regarded.

Since then your way of adviſing us is not in a modeſt or ſubmitting manner, but as if you meant to pinne your advice upon us whether we will or no; give me leave, I pray you, to examine quâ fiduciâ, promiſing you faithfully for my part, that whenſoeever you ſhall bring the matters conteſted for, within the rules of your own ſetting downe, that is, either in nature, or by Covenant, or by Treaty to be of a mixed concernment; I will either not deny you a joynt intereſt in them, or acknowledge my ſelfe to have no more honour nor conſcience in mee, then he may be ſaid to have, who being entruſted for his Countrey, gives up their deareſt Rights to the next ſtranger that demands them without ſo much as arguing the point.

Your arguments (by my computation) are five, and (if I underſtand them) ſpeak thus.

Arg. 1. The ſame common intereſt upon which Scotland was invited and engaged in the warre ought to be [continued] (ſo I read you, and not improved, that being a wilde expreſſion, and reaching neither you nor I know whether) in making the peace.

For anſwer thereunto, ſhould I admit it, the word [invited] puts you in minde that your Countrey-men came not to the warre before they were called, keep you the ſame method in accedendo ad conſilium, and we ſhall ſtill be friends. But I cannot ſubſcribe to this poſition, for I beleeve it was a duty that the people of Scotland did owne unto themſelvs to give us their aſſiſtance in the late warre, though they had not been invited; yet doth it not follow from thence that when the warre is ended (as you often ſay it is, and yet moſt riddlingly take huge paynes for Peace) they are bound to mingle with us in our Councels, nor help us to ſettle our own Kingdome, which we thinke our ſelves able to ſettle well enough without them, at leaſt without their prejudice to whom a good Peace or a bad, ſo as it be a Peace is the ſame thing. For inſtance, the Law of this Land that gives me leave to pull down my neighbours houſe when it is on fire, in order to the quenching of it for the ſecuring of my own, will not authorize me againſt his will, to ſet my foot within his threſhold, when the fire is out, though I make it my errand to direct him in the rebuilding of his houſe, and pretend the teaching him ſo to contrive his Chimneyes as may in all probability prevent for the future a like loſſe to him, a like danger to my ſelfe.

Arg. 2. You demand the ſame conjunction of intereſts to be given you, that was had of you. There I joyne iſſue with you, and profeſſe, that if ever the Parliament of England or any authority derived therefrom did offer to put a finger into the proper affaires of Scotland, or into the Government, Civill, Eccleſiaſticall, or Military of that Kingdome, and being once required to deſiſt, did notwithſtanding proſecute their title of adviſing volentibus nolentibus, I ſhall readily ſo farre as in me lyes, grant you to have a hand with us in the managing of this Kingdome, and the government thereof.

Arg. 3. You affirm that the Covenant entred into betwixt us makes you co-partners with us in every thing there mentioned, by which reckoning neither this Nation, nor that of Scotland hath any right law or liberty which either can properly and diſtinctly call its own, but both intereſts are jumbled together, and the two Kingdomes are not confederate, but incorporated Concerning the Covenant therefore (which my ſelfe, among others conſidering it firſt as well as I could) have taken) I ſhall ſhortly give you my ſence in relation to the point before us.

Firſt, I do not conceive the parties to that League intended thereby to be everlaſtingly bound each to other, the grounds of ſtriking it being meerly occaſionall for the joyning in a war to ſuppreſſe a common enemy, accordingly we did joyn, the enemy is (if we be wiſe) ſuppreſſed, and the warre (as you ſay) ended, what ſhould the Covenant do, but like an Almanak of the laſt yeer ſhew us rather what we have already done, then what we be now to do.

Secondly, what would it do, were it renewed and made perpetuall? Thus much it ſaith in my opinion, and no more. Whenſoever you ſhall be violently hindred in the execution of that Religion you had amongſt you at the time of the engagement, and ſhall require our aſſiſtance, we muſt afford it you, for the removall of that violence. In like manner, whenſoever we ſhall be ſo hindered in the exerciſe of that Religion which we according to that Covenant ſhall eſtabliſh here, upon requeſt to you made for that effect, you are tyed to aſſiſt us. And ſo throughout all the other clauſes reſpectively and equally, carrying this along with you; we are hereby obliged to the reciprocall defence of one another according to the Declaration of the party wronged in any of the particulars there compriſed, without being cavilled at, or ſcrupled by the party invoked, whether your Religion be the ſame it was, or ours the ſame it ſhould be, whether the bounds of your liberties or ours be not enlarged beyond their then-line, whether your Delinquents or ours be juſtly ſo or no. For, the native rights of both peoples being the principall, if not the onely thing we looked on, when we ſwore; we do not keep our oath in preſerving thoſe rights, if we do not allow this maſter-right, to each ſeverall people, namely, to be ſole judges within themſelves, what Religion they will ſet up, what kind of Lawes they will have, what ſize, what number of Magiſtrates they hold fit to execute thoſe Lawes, and what offenders to be tryed by them. Hereupon you know we did not enquire at all how Orthodox your Religion was before we vowed to maintain you in it, that is, in the quiet profeſſing of it, (not in the Theologicall truth of it, a buſineſſe for a Univerſity perhaps, not for a Kingdome) being well aſſured, it was eſtabliſhed by them who had all the authority that is viſible to chuſe for themſelves, and could not without apparent breach of order, and injury to fundamentals be diſturbed in the exerciſe of what they had ſo choſen.

So farre is the plaine text of this Covenant from confounding intereſts that it cleerly ſettles and confirmes them upon the ſeverall baſes where it found them. And it would not be unworthy of you to take heed leſt this Covenant upon which you ſeem to ſet ſo high a rate, be not as eaſily violated as ſlandered, ſince the moſt deadly warres have been ſaid at leaſt to begin with miſ-underſtandings.

Arg. 4. Your entituling your ſelvs to a conuſance in the conditions of our Peace, and conſequently in the matter of our Lawes (when they relate to an agreement, as I confeſſe the four Bils do which were ſent) is grounded upon a very great miſtake of the eighth article in the treaty, the words whereof are indeed very rightly incited by you, and the article it ſelf ſo rationall, ſo ordinary, ſo neceſſary in all warres joined in by two States, that I do almoſt wonder as much what need there was to have inſerted it, as I do how it is poſſible for you to miſtake it. It ſtands briefly thus. One of you (for the purpoſe) & I (pardon if you pleaſe the familiarity of the inſtance) have ſolemnly engaged our ſelves each to other for our mutuall aid againſt a third perſon, becauſe we conceived him too ſtrong for either of us ſingle, or becauſe one of us doubted he might have drawn the other of us to his party, if not pre-engaged againſt him, but which ſoever of us was firſt in the quarrell, or what ever was the reaſon of the others coming in, we are engaged, & though there were nowritings drawn betwixt us, no terms expreſſed, were not I the verieſt Schelm that ever looked man in the face if I ſhould ſhake hands with the common adverſary and leave you fighting? againſt ſuch a piece of baſenes (ſuppoſing it belike to be in nature) this Article provides, and ſaies that ſince theſe two Kingdoms were content to joyn in a war which without Gods great mercy might have proved fatall to them both, neither of them ſhall be ſuffered to make its peace apart; ſo as if the Parlianent of Scotland upon conſideration of reaſons occurring to themſelves ſhould offer to readmit the King into that Kingdom (I ſay not with honour, freedome, and ſafety but) in peace, the Parliament of England might ſtep in and forbid the banes, telling them we are not ſatisfyed that an agreement ſhould yet be made, ſimiliter, if this Parliament would come to any Peace with him by Bills or Propoſitions, or by what other name ſoever they call their plaiſters, you may (being ſo authorized) in name of that Kingdome or the Parliament, thereof intervene, and oppoſe, telling us that you who are our fellow-Chirurgions, meerly in launcing of the ſore, are not ſatisfied in the time for the healing of it up. But for you to read a lecture to us upon our medicaments and their ingredients, to take meaſure of our wounds, and to prefer your meaſure before that of our own taking was never dreamt on by the Framers of this article.

Here it may perhaps be demanded though not by you, whether (according to my ſence of the treaty, tying up both Kingdoms to a conſent in the Fiat, not in the Qualis fuerit of Peace) if one ſhould be obſtinately bent to hang off, the other be neceſſitated to welter everlaſtingly in blood for want of ſuch a concurrence. I anſwer, yes, for theſe reaſons.

Firſt, a wiſe man will fore ſee inconveniences, before he make his bargaine, and an honeſt man will ſtand to his bargaine notwithſtanding all inconveniences.

Secondly, there will be no great encouragement for any obſtinacy of that kinde when it ſhall be remembred that the party obſtructing the peace muſt continue to joyne in the warre, and is lyable to all the conſequences thereof.

Thirdly, there is another and a more naturall way to peace and to the ending of a warre then by agreement, namely by conqueſt. I think he that playes out his ſet at Tennis till he win it, makes as ſure an end of it, and more fair, then hee that throwes up his Racket when he wants but a ſtroke of up, having no other way to rook thoſe of their money that bet of his ſide. If I am truſted to follow a ſuit in Law for friends concerned therein, together with my ſelfe, and daube up a rotten compromiſe with my adverſary, my fellowes not conſulted, but deſiring the ſuit ſhould ſtill goe on, it is not fit they ſhould be bound thereby; but if I continue to doe my duty and bring the cauſe to hearing to a verdict thereupon, and to judgement upon that; ſuch an end of the quarrell I hope I may make without their leave, and if the tryall went with me, certainly without their offence.

To returne to the nature of confederacies, Is the warre wherein we are joyned an invaſion from without? any one man of either ſide if he have ſtrength enough, hath authority enough to end it by repelling the invader, is it a rebellion from within? it were ſtrange to think that any Law or engagement ſhould hinder a ſingle man from ending it, if he be able by ſuppreſſing of the rebels. The unworthy friend in the fable, when his companion and he met a bear in the wood, might have been allowed to kill her himſelfe, but he ſhould not have ſought his ſafety in a tree, without taking his friend along with him.

One thing more I ſhall adde to juſtifie the reaſon of this 8. Article, ſuch as might (for its clearneſſe of being implyed) have excuſed its being liſted among the reſt. Never did any people that joyned in armes with a neighbour-nation patch up a peace apart, with more diſhonour to it ſelfe, then either of us ſhould do, if we could imagine our ſelves to be ſo vile; for the common enemy in this warre is not a ſtranger unto either Kingdome, but the King of both, ſo as which ſoever of the two cloſeth with him by it ſelfe, before conſent, that there ſhall be at all a cloſure, doth not onely withdraw from the other thoſe aides it ſhould contribute, but of a ſworne Brother becomes an open enemy.

Here I muſt obſerve, that as you put an interpretation upon this Article, which it wil not bear, and from the power you have thereby of hindering us from agreeing with the King at all, would enable your ſelves to pry into the particulars of our Agreement, ſo you do not once glaunce at the point which was the true genuine ſcope of the Article: You do not proteſt againſt our making peace with this man; and give ſuch reaſons as Jehu did, upon a leſs occaſion: You do not wonder what confidence we can repoſe in him, after all this experience of him, and before ſo much as a promiſe of any amendment from him; you do not warn us, by the example of your Country men, what a broken reed we ſhal lean upon when we make a pacification with him: You do not remember us with what horror the Aſſembly of your Church did look upon his miſdoings; nor what ſence both Kingdoms had (not of a reconcilement with him, but) of ſuffering him to come neer the Parliament of England, until ſatisfaction were given for the blood which he had then cauſed to be ſhed in the three Kingdoms. In fine, You do not ſay (for you need not give us your reaſons) that you wil make no peace with the King; therefore we ought not, but you do as bad as ſay that you have made your peace already, and that not only without our conſent (in deſpite of the Article which you urge againſt us) but without our privity, that you are come a degree beyond being friends with him, to be advocates for him, not in mediating that his ſubmiſſion might be accepted, his crimes obliterated, and their ſalary remitted, but in aſſerting the ſame cauſe which we have been all this while confuting with our ſwords, the ſame cauſe, which, what Engliſh-man or Scotiſh-man ſoever ſhal have endeavored to maintain in Arms, is a declared Traytor to his Country, if by his tongue or pen in that Kingdom of the two where he is no Native, a manifeſt incendiary. But there wil be time enough to do your errand into Scotland after I have proved England to be a Noun Subſtantive, againſt which you have the ſhadow of one Argument left ſtil.

Ar. 5. The ſtrength of your laſt Reaſon is this. Our Parliament hath formerly communicated unto you the matter of their Propoſitions, and of their Bils, in order to Peace, and generally indeed whatever hath paſſed betwixt the King and us, ſince the conjunction of the two Kingdoms againſt him. Thereupon you have offered us your Advice concerning the Particulars ſo communicated, and we have re-conſidered them upon your Advice, ſometimes complying therewith, other times making it appear to you why we could not; that communication of counſels, ſay you, we would never have ſuffered, if we had not been bound to it, which if we ever were, we ſtil are.

Cuſtom and conſtant uſage (I acknowledg) doth commonly obtain the name of Law: but the late practiſe of ſome four or five years, hath not an aſpect reverend enough to deſerve the name of Cuſtom; it is as old (you wil ſay) as an uſage can be that is grounded upon a treaty of the ſame age, and ſhal be ſufficient to ſignifie how the parties to the Treaty did underſtand their own meaning. I ſhould not deny this pretence of yours to be more then colourable, if you could prove that our tranſactions with the King were imparted to you in relation to that Engagement, nay if I could not ſhew you upon what other ground we did it, and that we could not reaſonably be imagined to do it upon that.

Firſt, to prove, what the Parliament had in their intentions, when they adviſed with you, I beleeve you wil not undertake, eſpecially this being the firſt time, to my remembrance, that this point came in queſtion betwixt us. I ſhal therefore endeavor to tel you, as neer as I can, (having been an attentive witneſs to moſt of their Debates upon that ſubject) what it was that moved them to give your challenge ſo much probability of advantage as this amounts unto. You ask that now, without being anſwered, which you were wont to have without asking. You were ſo; and that from theſe two Roots: One was the extraordinary care the Parliament had to omit no act, no circumſtance, of civility towards you, which might expreſs or preſerve the amity and correſpondence betwixt them and your Maſters, though they were not ignorant what extream prejudice courteous and good natured men have often drawn upon themſelves in their dealing with perſons of a contrary diſpoſition. Another was, ſince both Kingdoms have been imbarqued in the ſame cauſe, as men of War, and were afterwards reſolved to trade for peace, ſince the commodities of both were to be ſtowed in the ſame bottom, and bound for the ſame Port; we thought it but an ordinary piece of friendſhip, for us who could make no markets, when we ſhould be arrived without your allowance to open and let you ſee before we launched our ſeveral parcels and inſtructions concerning what we would export and what bring home; not that we meant to conſult you what kind of Merchandize you thought fitteſt for us to deal in, which queſtionleſs is better known at the Exchange then at Edinburgh, nor to follow ſuch advice therein as you ſhould give us without asking any further then we liked it; and ſo far the beſt Merchant in London is content to be ruled by the Swabber of his ſhip: but meerly to the end, you might (if you pleaſed) from our example, and from your aprobation of the ware we were reſolved to deal in, furniſh that Kingdom (whoſe Factors you were) with Merchandize of the ſame kind, and for evidence that the Freedom we uſed towards you was no otherwiſe underſtood by you, you did actually under write divers of our Bils of Lading in theſe ſillables: The like for the Kingdom of Scotland.

It remains to be ſhewed how litle reaſon there is you ſhould fancy to your ſelves ſuch a ground of the Parliaments former openneſs to you, as you ſtrive to father upon them. For, firſt, If they had communicated their Propoſitions to you as conceiving the word [Agreement] in the eighth Article to comprehend all the preparations to, materials of, and circumſtances in an Agreement, they would not have adhered (as many times they did) unto their own reſolutions notwithſtanding your reiterated diſſatisfaction. Again, If they had conceived themſelves bound to any ſuch thing by this Article, would they not have thought the Kingdom of Scotland as much bound for their parts; Should we not have been as diligent inſpectors and caſtigators of your Propoſitions as you have made your ſelves of ours?

When you ſhal ask me, ſetting the point of duty aſide, and granting all that hath bin done by us in this kind to have been voluntary; Why we do not obſerve the ſame forwardnes in communicating our matters to you, the ſame patience in expecting your concurrence with us, and the ſame eaſineſs of admitting your Harangues and Diſputations amongſt us, which you have heretofore taſted at our hands, and how we are become leſs friendly then we were. I have this to ſay. There is ſome alteration in the condition of affairs: So long as we needed the aſſiſtance of your Countrymen in the Field, we might have occaſion to give you meetings at Derby Houſe, and now and then in the Painted Chamber, it being likely that the Kingdom of Scotland might then have a fellow-feeling with us of the wholeſomneſs or perniciouſneſs of your counſels; whereas now ſince we are able (by Gods bleſſing) to protect our ſelves, we may ſurely (with his holy direction) be ſufficient to teach our ſelves how to go about our own buſineſs, at leaſt without your tutoring, who have nothing in your conſiderations to look upon, but either your particular advantage, or that of the Kingdom whence you are. And as there is ſome alteration in affairs, ſo there is very much in perſons, I mean in your ſelves, unleſs being indeed the ſame at firſt which now we find you, you only wanted an opportunity to appear; but whether you be changed or diſcovered, what Engliſh-man ſoever ſhal peruſe the Papers that you have ſhot into both Houſes of Parliament, eſpecially into the Houſe of Commons theſe two laſt years had as lieve take advice from the King as from you, & if a ſtranger ſhould read them, he would litle ſuſpect the writers for Friends, or Counſellers, but for Pleaders, for Expoſtulators, for Seekers of a quarrel, and that (which is the moſt bitter weed in the pot) in the behalf, not ſo much of them who did employ you, as of him againſt whom you were employed, and againſt whom, if you were Scottiſh-men, nature would teach you to employ your ſelves.

By this time I hope you ſee we have greater cauſe to repent, that we have kept ſuch thornes thus long in our ſides, then to return with the dog to the ſame vomit, and with the lazy Sow, ſcarce clenſed of herformer wallowing to bemire our ſelves again. I beſtow a little the more ink upon this point, becauſe I would prevent the like claim hereafter, and have it left to the liberty of this nation, next time they ſhall be invaded or oppreſſed, though they did once call in their Brethren of Scotland to their aide, whether they wil do ſo any more or no.

Having gone through your 5 Arguments, at the end of your dozen Commandements (ſo I call deſires that muſt not be ſlighted ou pain of incurring the guilt of violating Engagements, and of ſuch dangers as may enſue thereupon) I obſerve one engine you uſe, whereon you lay more weight then upon all you ſay beſide; It begins with a flouriſh of oratory beſpeaking a fair Interpretation of your meaning, though your motion be to take the right eye out of every one of our heads; then you think to make your deſires legitimate with fathering them upon a Kingdom, and put us in mind how wel that Kingdom hath deſerved to raign over this. For to the offering of deſires, as deſires, there needs no merit, ſure, but ſince your opinion, (that the advantages of honor lie all on that ſide, and that Obligations of this ſort have not been as reciprocall between both Nation, as thoſe of Leagues and Treaties,) wil force my pen upon this Subject. I ſhall let you know that ſome what may be ſaid (when modeſty gives leave) on this ſide too; and yet all the kindneſſes we have received from Scotland, ſhall (by my conſent) not only be payd for, but acknowledged: and I can be content to beleeve, that our Neighbours did not know how ill we were, till we were almoſt paſt cure, and therefore came ſlowly to us; that they did not know how wel we were in a year after we had nothing for them to do, and therefore went ſlowly from us. Only I would have it confeſſed, that the fire we talk of, was of your Countrymans kindling, began to burn at your houſe, to be quenched at ours and by our hands. But admit this Nation had been meerly paſſive in this War, and did owe their deliverance out of the Kings Talons wholly to the Scottiſh Nation, if the reſcuer become a raviſher, if they have protected their own prey, they have merited only from themſelves, and have their reward in their hands. What have we gotten by the bargain? What have we ſaved? What have we not loſt? For if once you come to fetch away my Liberty from me, I ſhal not ask you what other thing you wil leave me: and the Liberty of a people governed by Laws conſiſts in living under ſuch Laws as themſelves or thoſe whom they depute for that purpoſe ſhal make choice of: To give out orders is the part of a Commander; to give the Law, of a Conqueror; although our Norman did not think ſit ſo to exerciſe his right of Conqueſt; Nay our condition would be lower and more contemptible, if we ſhould ſuffer you to have your will of us in this particular, then if we had let the King have his.

1. A King is but one Maſter, and therefore likely to ſit lighter upon our ſhoulders then a whole Kingdom, and if he ſhould grow ſo heavy as cannot wel be born, he may be ſooner gotten off then they. You ſhal ſee a Mounſiours horſe go very proudly under a ſingle man, but PLACE="marg" n="*" To carry double to be Charge en crouppe, is that which nature made a mule for, if nature made a mule at all.

2. The King never pretended to the framing and impoſing of Laws upon us as you do; he would have been content with ſuch a negative voyce therein, as we allow you in the making of our peace with him; did we fight rather then afford him ſo much, though ſeemingly derived unto him from his Predeceſſors; and ſhal we tamely give you more? Give you that which your Anceſtors never yet durſt ask of ours?

3. Laſtly, it had been far more tolerable for the King, then for any Forraign Nation to have a ſhare in the making of our Laws, becauſe he was likely to partake, and that largely in the benefit of them, if good; in the inconveniences, if bad; which ſtrangers are not: nay contrarily, it is matter of envy and jealouſie betwixt neighbours to ſee each other in a flouriſhing eſtate. So as the proper end of Laws, being to advance the people, for whom they are made in wealth and ſtrength, to the uttermoſt; they are the moſt incompetent Judges of thoſe Laws in the world, whoſe intereſt it is to hinder that people from growing extreamly rich or ſtrong.

By what hath been already ſaid, and by a word or two of cloſe, it wil (I hope) appear, that the claim you make to the voting with us in the matter of our Laws, and the conditions of our peace as a thing whereunto we ſhould be obliged by agreement, is;

1. Miſtaken in matter of Fact, there being no ſuch engagement on either ſide.

2. Unreaſonable for the conſiderations above mentioned and for being deſtructive to the very principles of property.

3. Unequal (notwithſtanding the reciprocation) more then Cyrus, his childiſh judgment was, in making the little boy change coats with the great one, becauſe his was long and the others ſhort: For our coats are not only longer then yours, but as fit for us that do wear them, as for you that would.

4. Unuſual, there being no preſident for it, that I could ever read or hear of; and yet there have been leagues betwixt ſtates of a ſtricter Union then this betwixt us, as offenſive and defenſive, ours only defenſive.

5. Unſafe, for the keeping up of hedges, boundaries and diſtinctions (I mean reall and juriſdictive ones, not perſonal and titulary) is a ſurer way to preſerve peace among neighbours, then the throwing all open. And if every man be not admitted wiſe enough to do his own buſineſs, whoever hath the longeſt ſword will quickly be the wiſeſt man, and diſ-inherit all his neighbours for Fools.

6. Impoſſible to be made good to you, if it had been agreed: For the Parliament it ſelf, from whom you claim, hath not in my humble opinion authority enough to erect another authority equal to it ſelf.

As for your exhortations to piety and loyalty, wherewith you conclude. When you have a mind to offer Sacrifice to your God, and Tribute to your Emperour (ſince the one wil not be mocked, and the other ſhould not) you may do wel to do it of your own, and to remember, that the late unnaturall war with all the Calamities that have enſued thereon, took its riſe from unnaturall enchroachments upon the ſeverall Rights and Liberties of two Nations, reſolved it ſeems to hold their own with the hazard of a war, and all the Calamities that can enſue thereon.

Henry Marten.
FINIS.